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2023 Supreme(Cal) 468

KRISHNA RAO
Ankur Malik – Appellant
Versus
Calcutta Medical Centre Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhrajit Mitra, Mr. Satadeep Bhattacharya, Mr. Subhankar Chakraborty, Mr. Saptarshi Bhattacharjee.
For the Respondent: Mr. Utpal Bose, Mr. Sayantan Basu, Ms. Tanaya Ghose, Mr. Raghunath Ghose, Ms. Pritha Ghose, Ms. Shusna Santra.

JUDGMENT :

(Krishna Rao, J.) :

1. The plaintiff has filed the instant application under Section 340 of the Code of Criminal Procedure, 1973 for grant of sanction to prosecute Mr. Raghib Hasnain for committing offences by filing false, untrue, misleading statement by way of an affidavit before this Court in the proceeding of CS 68 of 2011.

2. The plaintiff submits that in the affidavit-in-opposition filed by Mr. Raghib Hasnain being the Director of the defendant Company in connection with GA 4 of 2022 which was affirmed on 29th July, 2022 stating the following at para 3 (x) and para 9 which reads as follows :

    “3(x). It was also agreed that the said Dr. Ashok Kumar Gupta and/or their family members have deposited the original title of the said property to the investors of the said property and the same shall remain charged in favour of the said investors till payment of all sums due and payable by the respondent……………”

“9. The existence of tenancy in respect of suit property is denied and disputed. The respondents are the owner of the said property.”

3. The plaintiff submits that the respondent has filed another petition under Section 144 (2) of the Code of Criminal Procedure against

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