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1996 Supreme(Cal) 226

Asish Baran Mukherjee
In re: Pradip Kumar Patra – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Aroop Chandra Chatterjee for the Petitioner
Kazi Safiullah, R.P. Bhattacharjee for the State.

JUDGMENT

A. B. Mukerjee, J.: This is an application under s. 482 Cr.P.C. praying for discharge of the accused. The order dated 21.3.96 passed by the Additional Sessions Judge, 14th Court, Alipore in Sessions Case No. 12 (6) of 1992 arising out of section "T' Case No. 323 dated 20.6.89 is the subject matter of challenge.

2. The case of the petitioner is that he is an Accountant of Kundalia Industrial Corporation having its place of business at 1, Chandney Chowk. On 19.6.89 a newly constructed five-storied building situated at 32A, Dr. Rajendra Road, Calcutta, suddenly collapsed. As a result of which some persons lost their lives and another adjacent building was also damaged. Accordingly section 'T' Case No, 323 dated 20.6.89 was started against the petitioner on mere suspicion, as being one of the employees he might have help in construction of the aforesaid building. On investigation charge sheet was submitted on 27.6.90 under s. 1208/304/468 and 471 IPC.

3. The case was committed to the Court of the Session and subsequently the Sessions Judge, transferred the case to the Addl. Sessions Judge, 12th Court, but ultimately the case was transferred to the Additional Sessions Judge, 14th

















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