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2017 Supreme(Cal) 341

SANKAR ACHARYYA
Mahendra Kumar Jalan – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners:Somopriyo Chowdhury, Swati Agarwal, Natasha Roy, Advocates. For the Respondents:Deep Chaim Kabir, Kunal Ganguly, J. Saha, Advocates.

JUDGMENT :

1. This revisional application has been filed by six accused petitioners under Section 482 of the Code of Criminal Procedure (in short Cr.P.C.) challenging the order dated 18th December, 2008 passed by learned Additional Chief Metropolitan Magistrate, Calcutta in case no. C-1545/2008 on an application filed by the opposite party no. 2 as complainant under Section 156 (3), Cr.P.C. In the impugned order direction was given to O.C. Burrabazar P.S. for investigation treating the complaint as F.I.R. At the very outset, it is pointed out that the impugned order has been passed filling up the blanks in a printed form.

2. In the revisional application, inter alia, petitioners have contended that the opposite party no. 2 lodged the complaint before the learned Additional Chief Judicial Magistrate, Calcutta on 18th December, 2008 under Section 156 (3) Cr. P.C. and said complaint was forwarded by learned Metropolitan Magistrate to the O.C., Burrabazar P.S. for investigation treating the complaint as F.I.R. Petitioners have claimed that the allegations made in the complaint do not constitute any cognizable offence. Said allegations relate to civil dispute between the opposite party no











































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