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DIPANKAR DUTTA
Indrani Chakraborty – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners:Kishore Datta and Sumita Shaw, Advocates.
For the Respondents Nos. 1 to 3:Amitesh Banerjee and Munmun Tiwary, Advocates.
For the Respondents No. 6:Debabrata Saha Roy and Rajesh Upadhyay, Advocates.
For the Respondents No. 7:Sandipan Ganguly and Arijit Ghosh, Advocates.

JUDGMENT :

Dipankar Dutta, J.

Challenge:

This writ petition is directed against an order dated December 6, 2013 passed by the Chief Judicial Magistrate, Barasat (hereafter the CJM) whereby he discharged the respondents 6 and 7 from G.R. 2116 of 2013, arising out of Baguiati Police Station FIR No. 258/13 dated June 1, 2013 under Sections 447/323/354/506, Indian Penal Code (hereafter the IPC), upon considering a supplementary charge-sheet filed by the respondent 5, the investigating officer.

Issues:

2. The two preliminary related issues that arise for a decision here are, (i) whether a writ petition that is directed against an order passed by a judicial magistrate in exercise of judicial functions, would be maintainable and (ii) whether in view of the remedies available to the petitioner under the provisions of the Code of Criminal Procedure (hereafter the Cr.P.C.), the writ petition should at all be entertained.

Facts

3. A written complaint dated May 31, 2013 was lodged by the petitioner before the Officer-in-Charge, Baguiati Police Station giving rise to the aforesaid FIR. Bare perusal of the complaint would reveal an allegation that the respondents 6 and 7, who are attached to the State






















































































































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