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2023 Supreme(Cal) 629

SHAMPA DUTT (PAUL)
Mitali Nandi @ Mitali Nandy – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nripen Das, Mr. Debanjan Das.
For the Respondent: Mr. Aditi Sankar Chakraborty, Mr. Nilay Chakraborty, Mr. Kumar Shantanu.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the charge sheet being no.33 of 2021 dated 08.10.2021 in connection with Jalpaiguri Cyber P.S Case No.4 of 2021 dated 11.01.2021 under Sections 419/420 of the Indian Penal Code corresponding the G.R No.150 of 2021 now pending in the Court of the learned Chief Judicial Magistrate, Jalpaiguri.

2. The petitioner’s case is that the petitioner has been charge sheeted under Sections 419/420 of the Indian Penal Code against the complaint lodged by the opposite party no.2 herein. The complainant herein in order to sell his ancestral property at Subhas Gram, District South 24-Parganas advertised in ‘magic bricks.com’. In response to the said advertisement one Rajish Dew Mandal and Soumitra Chatterjee contacted with the complainant and introduced themselves as NRIs. The complainant had to pay an amount of Rs.2,65,000/-at different intervals as processing fees for the purpose of selling of the property through Magic bricks.com. The letter of complaint dated 11.01.2021 and the FIR no.4 of 2021 under Sections 419/420 of the Indian Penal Code admittedly did not contain the name of the present petiti

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