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2018 Supreme(Cal) 346

DEBI PROSAD DEY
In the matter of : Dr. Bratindra Nath Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Biplab Mitra, Mr. Haradhan Banerjee, Mr. Amitava Pain, Mr. Rajmohan Chatterjee, Ms. Trina Mitra.
For the Respondents: Ms. Faria Hossain.

JUDGMENT :

1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the charge-sheet in connection with Entali Police Station Case no.348 dated 16.12.2010 under Section 448 of the Indian Penal Code corresponding to G.R. Case no.3362 of 2010 in respect of charge-sheet no.187 of 2013 on the ground that the case under reference is not maintainable in law in view of the fact that the petitioner remains in possession of the property and the petitioner being the sole surviving trustee used to occupy the property from before the alleged occurrence.

2. Learned advocate appearing on behalf of the petitioner contends that the beneficiaries of the property sold out the property in favour of opposite party no.2 by a registered deed of transfer and the said deed was executed on May 13, 2010 beyond the participation and knowledge of the present petitioner. However, the petitioner filed a Title Suit being no.185 of 2010 in the court of learned Civil Judge (Senior Division) at Sealdah challenging the deed of transfer made by some of the owners of the trustees in favour of the opposite party no.2 and the learned trial court after hearing both the parties dec









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