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2015 Supreme(Cal) 313

SHIB SADHAN SADHU
Subal Chandra Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prabir Mitra, Mr. Pinaki Mitra and Ms. Ujjaini Chatterjee.
For the State: Mr. Ayan Basu.

JUDGMENT

SHIB SADHAN SADHU, J.

1. The petitioners by filing this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C. for the sake of brevity) seek to quash the entire proceedings of the G.R. Case No. 1225 of 2014 arising out of Barabani P.S. Case No. 91 of 2014 dated 17.5.2014 under Sections 341/323/447/506/34 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act) pending before the Court of Learned Additional Chief Judicial Magistrate, Asansol.

2. The case of the petitioners as made out in the petition is that petitioner No. 1 and petitioner No. 2 are brothers and rest petitioners are the sons of petitioner No. 1. They are the owners of the disputed plot of land of which the father of the O.P. No. 2 is also a co-owner. The petitioners no. 1 & 2 filed a suit being T.S. No. 93 of 2014 against the family members of O.P. No. 2 which is pending before the Court of Civil Judge (Senior Division), Asansol and in which an order of injunction has been passed in favour of the petitioners. The O.P. No. 2 and his associa






































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