AJOY KUMAR MUKHERJEE
Vivek Agarwal – Appellant
Versus
Raja Acharji – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - The present revisional application has been directed for quashing the impugned proceeding being C. Case No. 3436 of 2018 under Sections 389 of the Indian Penal Code pending in the court of 10th Judicial Magistrate, Alipore, South 24 Parganas.
2. The subject matter under challenge in the present revisional application mainly relates to order dated 13.09.2018 passed in C. Case No. 3436 of 2018 by the learned 10th Judicial Magistrate, Alipore, South 24 Parganas, wherein the learned Magistrate was pleased to issue summon under Section 204 of the Code of Criminal Procedure (in short 'the code') against the petitioner/accused person for the offence committed under Sections 389 of the Indian Penal Code (in short 'IPC').
3. For better understanding regarding the contents of the impugned order, let me reproduce the relevant order passed by the concerned Magistrate.
'Order Dated: 13.09.2018 Today is fixed for S/A.
Complainant is present by filing hazira. The record is taken for S/A.
The complainant has been examined on dock and discharged.
Perused the materials on record carefully and the deposition.
Prima facie it appears that a case under Section 389 of IPC has
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