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2023 Supreme(Cal) 81

SHAMPA DUTT PAUL
Rajesh Bhagat – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Debasis Kar, Advocate, S.G. Mukherji, Advocate, Sandip Chakraborty, Advocate, Binay Panda, Advocate, Puspita Saha, Advocate, Sabyasachi Mukherjee, Advocate, Bibek Dey, Advocate

JUDGMENT

Shampa Dutt (Paul), J. - This revision has been filed praying of quashing of charge sheet vide no. 289 of 2017 dated 12.04.2017 proceedings under Sections 323/406/420/447/448/506/34 of the Indian Penal Code arising out of Titagarh Police Station Case No. 169/17 dated 19.03.2017, corresponding to G.R. No. 1660 of 2017.

2. The petitioners have been implicated in the present case on the allegations that they took Rupees Eight lakhs from the complainant for their personal need in the year 2015. The parties are related to each other.

3. Charge sheet has been submitted against the petitioners on completion of investigation. Being aggrieved the present revision has been filed.

4. Mr. Debasis Kar, learned Counsel for the petitioner has argued that the ingredients as required to constitute the offences alleged are totally absent and the charge sheet has been filed without there being any evidence in the case diary, at the behest of the opposite party.

5. The learned Additional Chief Judicial Magistrate, Barrackpore acted with material irregularity and without considering the materials on record took cognizance without going through the contents of the charge sheet. No documents were pro

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