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2018 Supreme(Cal) 444

TAPABRATA CHAKRABORTY
Pawan Kumar Ruia – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ayan Bhattacharya, Mr. Anand Keshari, Mr. Rohit Jalan.
For the Respondents: Mr. Rajdeep Majumder, Mr. Mayukh Mukherjee, Mr. Sanatan Panja.

JUDGMENT :

TAPABRATA CHAKRABORTY, J.

1. The writ petition has been preferred primarily praying for the following relief :

“A writ of/or in the nature of mandamus commanding upon the Respondents, their men, agents and/or assign to rescind and set aside all steps taken against the Petitioner pertaining to and connected with FIRs being Dum Dum P.S. Case Nos. 1001, 1003, 1004 and 1142 of 2016 including Chargesheet filed in connection with Dum Dum P.S. Case Nos. 1142 of 2016 as also FIR being Chinsurah P.S. Case No. 496 of 2016.”

2. Shorn of unnecessary details, the facts are that :

A. On 14th October, 2016 Chinsurah P.S. Case No. 496 of 2016 (in short, Case No. 496/16) was registered on the basis of a suo moto First Information Report (in short, FIR) by one Nirupam Mandal, Sub-Inspector of Police attached to Chinsurah, Police Station (in short, P.S.) alleging commission of offences punishable under Sections 379/411/413/414/120B/34 of the Indian Penal Code, 1860 (in short, IPC) against one Subhas Sarkar and one Umesh Dhali stating inter alia that upon receiving a secret information from a reliable source that some persons had entered into the abandoned factory shed of Dunlop Shahgunj Factory










































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