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2023 Supreme(Cal) 611

AJOY KUMAR MUKHERJEE
Rajiv Jain – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Suresh Kr. Mitruka, Aayush Mitruka, Mantosh Bhowmick.
For the Respondents: Aditi Shankar Chakraborty, Sourav Ganguly.

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Quashing of proceeding being NJP Police Station Case no. 1216 of 2021 dated 13.11.2011, presently pending before the court of leaned Chief Judicial Magistrate Jalpaiguri, has been sought for by filing present application under section 482 of the Code of Criminal Procedure. Petitioner contended that the defacto complainant/opposite party no.2 lodged a complaint under section 156(3) of the Code of Criminal Procedure (Cr.P.C.) against the present petitioner and 5 others and learned Magistrate was pleased to direct NJP police station to conduct investigation treating the petition of complain as FIR. Accordingly police started aforesaid criminal proceeding against the petitioner and other accused persons under sections 188/447/323/325/354/307/466/467/468/479/471/120B of the Indian Penal code, 1860 (IPC).

2. The allegations levelled in the said FIR against the present petitioner and other accused persons interalia to the effect that husband of defacto complainant was owner of one plot of land by the side of National Highway and she is one of the co-sharer of said land and one partition suit in connection with the said land is pending in the Jalpaiguri

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