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2023 Supreme(Cal) 639

RAI CHATTOPADHYAY
Bhaswar Goswami – Appellant
Versus
CBI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Naba Kumar Das, Ms. Diava Ghosh Dastidar, Mr. Arindam Banerjee.
For the Respondent: Mr. Anirban Mitra

JUDGMENT :

Rai Chattopadhyay, J.

A) Order under challenge:-

1. Impugned in this revision is the order dated 19.10.2015, of the Ld. Additional Chief Judicial Magistrate, Sealdah in G.R Case No.1706 of 2010, under Section 120B, 420, 468, 471 of the IPC. Connected FIR is CBI/ACB/Kolkata 2009 RC0102009A0010 dated 13.03.2009, under the aforestated provisions of the Indian Penal Code, as well as Section 3 (1) (b) read with Section 3 (2) of the Prevention of Corruption Act, 1988. Charge sheet was submitted on 15.06.2010.

2. The three petitioners of this case, filed an application before the Magistrate, under Section 239 of Cr.P.C, 1973 to pray for discharge from the case. The impugned order was to reject their prayer as above. The Magistrate recorded his findings regarding prima facie case against the present petitioners/accused persons to have already been brought on record, which would require a trial to be held, for proving the allegations against them. Thus, rejected petitioner’s prayer for discharge.

B) How the parties are represented in this revision

3. Mr. Naba Kumar Das appeared for the petitioners on several dates and argued on their behalf. Last date of appearance of Mr. Das for the p

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