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2019 Supreme(Cal) 633

ASHA ARORA
Sushovan Das Gupta – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Sourav Chatterjee, Aniruddha Bhattacharyya, Debjani Sahu, Satadru Lahiri, P.K. Datta, Santanu Deb Roy, Advocates.

JUDGMENT :

1. By the instant application the petitioner has challenged the order dated 30th November, 2016 passed by the learned Judge, Special Court, 3rd Court, Barasat in Special Case No.20 of 2014 corresponding to G.R No.3249 of 2012 arising out of Nimta P.S. Case No.230 of 2012 dated 25th July, 2012 under sections 406/408/409 IPC whereby the petitioner's application under section 173(8) of the Code of Criminal Procedure seeking further investigation in the aforesaid case was rejected after hearing the learned counsel for the parties.

2. The facts in brief leading to the present application may be summarized as follows:

On 25th July, 2017 one Chandra Sekhar Naskar, Administrator of Nimta High School lodged a written complaint at Nimta P.S. alleging offences under sections 406/408/409 IPC against the opposite party nos.2 to 6 herein. According to the FIR, the accused persons being members of the Building Committee, Secretary of the Managing Committee and Assistant Head Master of the said School, misappropriated school funds amounting to Rs.10,35,416/- allotted for constructing rooms and other works of development in the school. On the basis of the aforesaid complaint the proceeding

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