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2023 Supreme(Cal) 921

SHAMPA DUTT (PAUL)
Binod Chandra Sahoo – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Md. Shahjahan Hossain.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing of the Criminal Proceeding being CS No. 50251/2018 under Section 420/406 of the Indian Penal Code started pursuant to the complaint lodged by M/s. United Steel Corporation (the opposite party no. 2) herein pending disposal before the learned 8th Metropolitan Magistrate at Calcutta.

2. It is submitted that the authorized representative of opposite party no. 2 was examined under Section 200 Cr.P.C. on 31.10.2018 together with one Shekhar Agarwal by the learned Trial Court and it reveals from the initial deposition that the opposite party no. 2 has not been able to make out prima facie case against the petitioner even then the learned Court was pleased to issue process against the petitioner in most mechanical manner without even applying the judicious mind.

3. The learned Magistrate has issued process under Section 204 of the Criminal Procedure Code without exhausting the statutory obligation under Section 202 of the Criminal Procedure Code whereas admittedly the petitioner resides outside the jurisdiction of the learned trial court. As such order of cognizance suffers from perennial irregul

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