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2022 Supreme(Cal) 364

AJOY KUMAR MUKHERJEE
Sahidul Islam Mondal – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Milon Mukherjee, Sr. Adv., Mr. Monojit Bhattacharjee, Mr. Safiqul Islam, Mr. Saikat Karmakar, for the Appellant; Mr. Madhusudan Sur, Ld. APP, Mr. Arijit Ganguly, Mr. Dipankar Paramanick, for the Respondent

JUDGMENT

Ajoy Kumar Mukherjee, J. - Being aggrieved by the impugned order dated 18.03.2019 passed by the learned Additional District and Sessions Judge, Diamond Harbour in connection with G.R. Case No. 1546 of 2013 under sections 448/427/354/323/506/34 of India Penal Code (IPC) pending before the learned ACJM, Diamond Harbour, by which the revisional court affirmed the order of trial court dated 18.08.2018, petitioners preferred this application under section 227 of the constitution of India, read with section 482 of the code of Criminal Procedure (Cr.P.C.). Learned Trial Court vide its order dated 18.08.2018 was pleased to reject the petitioners' prayer for discharge filed under section 239 of Cr.P.C after considering the materials in the case diary, including contents of complaint and the statements recorded under section 161 Cr.P.C., during investigation.

2. The opposite party no. 2, Musaraf Hossain Mondal filed a petition of complain before the learned ACJM, Diamond Harbour against the present petitioners, alleging commission of cognizable offence with a prayer for directing Officer-in-charge, Usti P.S. to register a case and to start investigation in terms of section 156(3) of t

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