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2023 Supreme(Cal) 249

SHAMPA DUTT (PAUL)
Amita Sen – Appellant
Versus
M/s. Chatterjee Enterprises – Respondent


Advocates appeared:
For the Petitioners:Pinak Kumar Mitra, Ariba Sahab, K. Yashovardhan Shaw, Advocates.

JUDGMENT

The present revisional application has been preferred praying for quashing of proceeding in connection with Complaint Case No. C – 1218/17 under Sections 420/406/504/506/120B of the Indian Penal Code, now pending before the Learned Judicial Magistrate, 4th Court, Alipore, 24 Parganas (South).

Petitioner No. 1 is the mother of the petitioner No. 2 and 3.

The opposite party/complainant is a company incorporated under the Companies Act, which is run by its proprietor, namely Mr. Suman Chattopadhyay and is engaged in the development, promotion and construction of real estate.

The opposite party/complainant has initiated a proceeding under Sections 406/420/504/120B of Indian Penal Code, before the Court of the Learned Chief Judicial Magistrate, Alipore, 24 Parganas (South) and the same was registered as Complaint Case No. C-1218/17.

That in course of its business, the company was introduced to Prasenjit Sen (husband of the accused no. 1) who disclosed himself as owner of the property of 14A, Lake Temple Road, Police Station – Tollygunge, Kolkata – 700029.

The said Prasenjit Sen being owner of the aforesaid land/property had approached complainant company to construct a ground + IV st

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