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2023 Supreme(Cal) 930

AJOY KUMAR MUKHERJEE
Mohit Kumar Narsria – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Satadru Lahiri Mr. Vikas Singh Mr. Komal Toshnimel
For the Respondent: Mr. Madhusudan Sur Mr. Dipankar Paramanick, Mr. Pawan Kumar Gupta, Mr. Bratin Kumar Dey Ms. Sofia Nesar Mr. Santanu Sett Ms. Mahesweta Pramanik

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Due to Commonality of the issues involved in both the cases being CRR 1727 of 2020 and CRR 1466 of 2020, both the applications are disposed by this common order. The accused persons being accused no. 1 to 8 filed CRR 1727 of 2020 and the other accused person being accused no.9 separately filed CRR 1466 of 2020 under section 482 of the Code of Criminal Procedure (Cr.P.C) seeking quashing of aforesaid proceeding. Both the Applications, relate to New Town Police Station Case No. 238 of 2019.

2. Petitioners case is that the petitioners, from a notice dated 12.09.2020 under section 41 A of Cr.P.C. came to know that the opposite party no. 2 herein, initiated a criminal proceeding against them at New Town Police Station. From the record of the case it reveals that the First Information Report (FIR) in connection with aforesaid New Town Police Station case, earlier culminated into FRT (investigation closure report). However, said final report regarding closure of investigation dated 31.10.2019 was challenged by filing a Naraji petition, copy of which never served upon the petitioners herein.

3. Petitioners’ further contention is that subsequently the cour

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