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2023 Supreme(Cal) 992

SHAMPA DUTT (PAUL)
Jayanta Kumar Deb Biswas – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Jayanta Narayan Chatterjee, Ms. Nandini Chatterjee, Mr. Nazir Ahmed, Ms. Jayashree Patra, Ms. Ritushree Banerjee.
For the State : Mr. Saswata Gopal Mukherjee, Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred praying for quashing of the complaint being Complaint Case No. 307 of 2018 dated 12.09.2018 and Charge-Sheet in connection with Netaji Nagar P.S. Case No. 307/2018 dated 12.09.2018 under Sections 467/468/471/406/409/420/323/506/120B of the Indian Penal Code (ACGR-4409/2018).

2. The petitioners’ case is that they are Developers and Contractors.

3. The complainant/opposite party no. 2, Smt. Nibedita Pattanayak, wife of Sri Monoranjan Pattanayak filed an application under Section 156(3) of the Criminal Procedure Code before the Learned Chief Judicial Magistrate at Alipore being Complaint Case No. SL-879 of 2018 against the petitioners, stating therein that she is the owner of the land being Premises No. 226/5/1, N.S.C. Bose Road, P.O.- Regent Estate, P.S. – Netaji Nagar, Kolkata – 700 092, but she takes all decisions of her said property after discussion with her husband Monoranjan Pattanayak and has also given Power of Attorney to her husband to file the criminal case against the accused persons.

4. Her further case is that she had given a contract to construct a building on the said premises to the peti

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