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2022 Supreme(Cal) 380

TIRTHANKAR GHOSH
Kingsuk Biswas – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Shekhar Kumar Basu, Sr. Adv. Mr. Anirban Dutta, Mr. Sayantan Sinha for the petitioner, for the Appellant; Mr. Bikash Ranjan Bhattacharya, Sr. Adv. Mr. Rabi Sankar Chottopadhyay, Mr. Uday Sankar Chottopadhyay, Mr. Suman Sankar Chottopadhyay, Mr. Santanu Maji, Mr. Arabinda Maji for the Opposite Party Ms. Rajashee Venket Kundalia for the CBI, for the Respondent

JUDGMENT

Tirthankar Ghosh, J. - The present petitioners namely, Kingsuk Biswas and Prabhat Chatterjee @ Pravat Kumar Chattopadhyay are Assistant Sub-Inspector of Police who were implicated as accused persons in connection with custodial death of Kazi Nasiruddin in the charge-sheet submitted by the CBI in its charge-sheet no. 2 of 2014 arising out of CBI case no. RC2(S)/SCU.V/SC-II/CBI/New Delhi dated 22.05.2013.

2. The challenge of the petitioners in this revisional application are four- fold:

    (a) Quashing of the proceeding including the charge-sheet no. 2 of 2014 filed by the CBI under Section 34 read with Section 304A/324/342/218 of the Indian Penal Code.

    (b) Quashing or setting aside the order dated 22.12.2015 passed by the learned Magistrate wherein the prayer of the petitioners were rejected for dismissing the charge-sheet for non-compliance of Section 197 of the Code of Criminal Procedure.

    (c) Quashing and or setting aside the order dated 02.08.2017 passed by the learned CJM, Hooghly, thereby framing charges under Sections 342/324/304A read with Section 34 of the Indian Penal Code.

    (d) Quashing of the charge-sheet, FIR which was registered pursuant to direction passed by the Hon'bl

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