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2020 Supreme(Cal) 78

JAY SENGUPTA
Manoj Rabidas – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Tapas Kumar Ghosh, Advocate, Tanmoy Chowdhury, Advocate, Sourav Saha, Advocate, Rana Mukherjee, Advocate, Debjani Sahu, Advocate, Kunal Ganguly, Advocate
Final Result : Disposed

JUDGMENT

Jay Sengupta, J. - This is an application for quashing of a proceeding in which a charge-sheet was submitted under Sections 323, 326, 341, 385 and 506 read with Section 34 of the Indian Penal Code.

2. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner used to deal in iron scraps. On a particular day, a police officer from the local police station came to the premises of the petitioner, did not find anything irregular, yet asked the petitioner to meet the Inspector-in-Charge of the police station. When the petitioner went to meet the said Inspector-in-Charge, he threatened them and abused them taking the name of their caste. For this incident that allegedly took place on 7.1.2015, the petitioner lodged a complaint on 9.1.2015. Subsequently, on 8.4.2015, the present FIR was lodged by the defactocomplainant alleging commission of offences under Sections 307, 323, 325, 326, 341, 385 and 506 read with Section 34 of the Indian Penal Code and Sections 25 and 27 of the Arms Act. The case was absolutely false and the defacto-complainant was hand-picked by the police officer to falsely implicate the petitioner out of previous grudge. A charge-she

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