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2023 Supreme(Cal) 1067

ANANYA BANDYOPADHYAY
Vidur Kapoor – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sourav Chatterjee, Mr. Pinak Kumar Mitra, Mr. Varun Kedia.
For the Opposite Party : Ms. Anyasha Das, Mr. Abhra Mukherjee, Mr. Dipankar Mahata.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. The instant criminal revisional application is filed to quash the proceedings being G.R. No. 1005 of 2009, arising out of Titagarh Police Case No. 122 dated 24.03.2009, under Sections 420/380/120B of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate at Barrackpore.

2. The Petitioner is the Chairman of Erudite Educational Centre Private Limited, a Company incorporated under Companies Act 1956, having its registered office at 3B, Camac Street, P.S. Shakespeare Sarani, Kolkata – 700016 (hereinafter referred to as the "Company"); which is engaged, amongst other activities, in the business of providing training to students to compete MBA entrance examinations (like CAT, XAT, FMS, MAT, etc), communicative English and admission in foreign universities.

3. The Opposite Party No. 2 was appointed as a Franchisee of the Company on terms and conditions contained in the Franchisee Agreement dated December 20, 2006.

4. On or about March 2009, the Opposite Party No. 2 purportedly filed an application under Section 156(3) of Cr.P.C. against the petitioner in the Court of Learned Additional Chief Judicial Magistrate at Barrackpor

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