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2018 Supreme(Cal) 702

ASHA ARORA
Krishna Murari Choudhary – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Pawan Gupta, Adv., Sofia Nesan, Adv., Santanu Sett, Adv., Tirthankar Ghosh, Adv., Satadru Lahiri, Adv., Raj Kumar Lahoti, Adv.

JUDGMENT :

Asha Arora, J.

By the instant application petitioner has assailed the order dated 21/12/2016 passed by the learned Metropolitan Magistrate, 19th Court Calcutta in C.S. No. 0081448 of 2016 corresponding to F. No. 191703 of 2016 in connection with T.R. No. 6864 of 2016 under sections 420/406/120B of the Indian Penal Code whereby process was issued against the petitioner and the other co-accused. The impugned proceeding is sought to be quashed qua the petitioner.

2. The factual backdrop of the matter in brief is as follows:

On 6/5/2016 the opposite party No. 2 herein filed a petition of complaint before the Chief Metropolitan Magistrate Calcutta against the present petitioner and three others alleging commission of offences punishable under sections 420/406/120B. After taking cognizance, the Chief Metropolitan Magistrate transferred the case to the Metropolitan Magistrate 19th Court for enquiry and disposal. On 1/7/2016 the learned Magistrate examined the complainant and his witness under section 200 of the Code of Criminal Procedure and after considering their statement on solemn affirmation as well as the documents on record, directed an enquiry into the matter under secti


























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