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2008 Supreme(Cal) 344

SAILENDRA PRASAD TALUKDAR
Shyamarani Garg – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Mr. Milan Mukherjee, Sabyasachi Banerjee, Sandipan Ganguly and Ms. Paromita Chatterjee for the Petitioners
Mr. Samir Chatterjee and Abhijit Kumar Adhya for the State

JUDGMENT

This relates to an application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure.

2. Petitioners, by filing this application, sought for quashing of the proceedings of G.R. Case No. 1131 of 2004 now pending before the learned Court of S.D.J.M., Howrah. It arises out of Malipanchghora Police Station Case No. 55 of 2004 dated 29.4.2004 under Sections 406/420/467/468/469/120B/34 of the Indian Penal Code.

Grievances of the petitioners may briefly be stated as follows:-

3. The business of Premier Engineering Works situated at 194/1/7, G.T. Road (North), Shalkia, Howrah, has two units. The petitioner No. 1 and the husband of opposite party No. 2, since deceased and others were its partners. The petitioner No. 1's son, namely, Rakesh Garg used to look after the business in absence of opposite party No. 2 and her late husband. They were voluntarily entrusted with the care of the said business. The husband of opposite party No. 2 since retired from partnership agreement leaving others to carryon with the same as its remaining partners. Opposite party No. 2, however, filed an application before the learned Court of Chief Judicial Magistrate, Howrah with pray


























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