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2021 Supreme(Cal) 303

KAUSIK CHANDA
Suvendu Adhikari – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.S. Patwalia, Sr. Adv., Mr. Sourav Chatterjee, Adv., Mr. Billwadal Bhattacharjee, Adv., Ms. Bansari Swaraj, Adv., Mr. Siddhesh Rotwal, Adv., Ms. Manya Harija, Adv., Ms. Harshika Verma, Adv., Ms. Ana Upadhyay, Adv., Mr. Aditya Tiwari, Adv.
For the Respondent:Mr. Sekhar Kumar Basu, Sr. Adv., Ms. Arushi Rathore, Adv., Mr. Kishore Datta, Ld. Advocate General, Mr. S.G. Mukherjee, Ld. P.P., Mr. Rudradipta Nandy, Adv., Mr. Sabyasachi Banerjee, Adv., Ms. Abhia Jena, Adv.

JUDGMENT :

Kausik Chanda, J.

This is an application for quashing of the proceeding being G.R. Case no. 990 of 2021 pending before the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur arising out of Contai Police Station Case No. 193 of 2021 dated 01.06.2021 under Sections 448/379/409/120B of the Indian Penal Code, 1860, and under Sections 51/53 of the Disaster Management Act, 2005.

2. I have had the advantage of hearing the detailed arguments advanced by the learned counsel appearing for the parties. The parties have filed their respective written notes of argument.

3. Mr. P.S. Patwalia, learned senior advocate appearing for the petitioner no. 1 submitted that the petitioners had been implicated in this case since they had changed their political affiliation from the ruling political party to the political party in opposition.

4. He pointed out that on May 29, 2021, the Chairman of the Board of Administrators of the Contai Municipality lodged a general diary before the Contai Police Station where it had been alleged that there was an attempt to commit theft of tarpaulin sheets and the attempt to commit was thwarted by the members of the public who were present at th

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