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2018 Supreme(Cal) 6

SIDDHARTHA CHATTOPADHYAY
Sushil Kumar Patwari @ Sushil Patwari – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sudipto Moitro, Sr. Adv., Mr. Tirthankar Ghosh, Mr. Ashoke Bhowmick, Mr. Koushik Kundu, Mr. Satadru Lahiri.
For the Opposite Party : Mr. Uday Chandra Jha, Mrs. Maheswari Sharma, Mrs. Tulika Roy.

JUDGMENT :

SIDDHARTHA CHATTOPADHYAY, J.

Being aggrieved with the charge-sheet filed against the petitioner under Section 120B/406/420 of I.P.C. corresponding to G.R. Case No. 1095 of 2014 pending before the learned C.M.M Calcutta, the petitioner has filed this revisional application with a prayer for quashing of the said proceeding on the grounds stated below.

2. According to the petitioner they have been arraigned as an accused by invoking the concept of vicarious liability which is alien to the criminal jurisprudence prevailing in our country.

3. The petitioner's case in a capsulated form is such that originally one Mohan Lal Patwari was the owner of the business. He had five sons namely Ishwarlal, Bharat Lal, Ramji, Ram Gopal and Bishwamber Lal. The present petitioner is the son of Ishwarlal and the complainant/respondent is the son of Bharat Lal. In 1989, there was a separation between the family members of Mohan Lal Patwari and the assets of Patwari family were divided amongst four sons of Mohan Lal Patwari. Be it mentioned, that the property of Bishwamber Lal Patwari was separated long back in 1977/1978. The family disputes of Ishwarlal and Ram Gopal was the subject matter of sev










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