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1980 Supreme(Cal) 228

N.C.MUKHERJI
Bal Krishna Jhunjhunwalla – Appellant
Versus
Pritimoy Bhattacharjee & State – Respondent


Advocates Appeared:
D. P. Chowdhury for the petitioner;
S. D. Banerjee, Amal Saha for the opposite party;
A. K. Pal for the State.

Judgment :

This Rule arises on an application under Ss. 401/482 of the Code and is directed against the order passed by the 1earned 17th Metropolitan Magistrate, Calcutta, dated 27th August, 1979, rejecting the application under S. 205 of the Code and also for quashing the proceeding.

2. On 17.3.79 the opposite party filed a complaint under S. 200 of the Code in the Court of the Chief Metropolitan Magistrate against the petitioner and another for issuing process alleging that they had committed offences punishable under Ss. 191,192, 193 read with S. 109/120 of the Indian Penal Code. The learned Magistrate examined the complainant and issued process under S. 193 I.P.C. against the petitioner only. The allegations in the petition of complaint are that the petitioner is not a tenant in respect of the disputed premises and the petitioner is a mere licensee. It has been alleged that before the Rent Controller the petitioner and another person dishonestly made false statements that the petitioner was one of the Directors of the tenant company and that the applicant-company is a tenant under the opposite party in respect of the ground floor of the main building at premises No. 26, Ashutosh






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