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2023 Supreme(Cal) 495

RAI CHATTOPADHYAY
Bithika Chakraborty – Appellant
Versus
Kamal Kanti Biswas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sourav Chatterjee, Mr. Satadru Lahiri, Mr. Safdar Azam
For the Respondent: Mr. Debasis Kar, Mr. Arka Tilak Bhadra

JUDGMENT :

Rai Chattopadhyay, J.

1. The order dated 3.9.2016 passed by the Judicial Magistrate, 4th court at Barrackpore, North 24 Parganas, in Complaint Case No. 19 of 2007, is under challenge in this revision, filed by the petitioner, under section 482 of the CrPC. The present petitioner, that is, the accused person in the said complaint case, filed in the trial Court, his prayer for discharge, vide his application dated 22. 3. 2016. The same was disposed of by the trial Court vide the impugned order dated 3.9.2016 for the reason inter alia that the materials on evidence as well as that on record had disclosed sufficiently to proceed against the present petitioner/accused person. Thus the petitioner was aggrieved and has challenged the said impugned order in this revision.

2. In this case, while adjudicating to decide whether the petitioner would have been entitled under the law, for an order of discharge, this Court would delve upon the points, firstly, as to whether the previous order of the Coordinate Bench rejecting petitioner’s prayer for quashing of the criminal proceeding against him, should act as a debarring factor to go into the prayer of the petitioner in this case, which

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