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ANANYA BANDYOPADHYAY
Bikas Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant criminal revisional application is filed by the petitioners seeking quashing of the proceeding being C.R. Case No. 106 of 2013 under Sections 406/420/468/109 of the Indian Penal Code, 1860 as also the orders passed therein in connection with the said proceeding, pending before the Learned Additional Chief Judicial Magistrate, Gangarampur, South Dinajpur.
2. The revisional application filed by the petitioners precisely stated them to be the permanent residents of Belda, Sabuj Pally, P.O.-Belda, P.S.-Belda, District-Paschim Medinipur which was beyond the jurisdiction of Learned ACJM, Gangarampur, South Dinajpur.
3. On the basis of a complaint filed opposite party no. 2 under Section 200 of the Criminal Procedure Code before the Learned A.C.J.M., Gangarampur, South Dinajpur, C.R. Case No. 106/2013 was initiated against the petitioners for commission of offences punishable under Sections 406/420/468/471/109 of the Indian Penal Code, 1860.
4. It was further contended that the mother of the petitioner no.1 filed a complaint before the Belda Police Station accusing the opposite party no. 2 to have kidnapped and wrongfully restrained petitioner
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The mandatory provision of Section 202 of the Code of Criminal Procedure must be followed before issuing process against the accused residing outside the jurisdiction.
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