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2023 Supreme(Cal) 1079

SHAMPA DUTT (PAUL)
Ansuman Banerjee – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Prosenjit Mukherjee, Mr. Saptarshi Chakraborty.
For the Opposite Parties : Mr. Binay Panda, Mr. Subham Bhakat.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against an order of rejection of application for discharge passed on 19.12.2018 being Order No. 17 in connection with Murarai P.S. Case No. 252 of 2017 dated 19.07.2017 under Sections 379/410/120B of the Indian Penal Code and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 wrongly recorded as Sections 21 and 33 of Mines and Minerals Act.

2. The petitioners' case is that the petitioner Nos. 1, 2 and 3 are the registered owners in respect of two motor vehicles being registration No. WB 53B 2662 and WB 53A 7700 respectively. For the purpose of livelihood the petitioners No. 1, 2 and 3 started a business of transport of different goods through their tractors. The petitioners regularly cleared the road tax and other charges and till date neither the petitioners nor the tractors have been entangled in any criminal offences. The petitioners usually use their motor vehicle in respect of cultivation and transportation of crops from the agricultural land to the farm house of the respective owners.

3. In the year 2000 the entire Birbhum and Murshidabad District were badly affected due to huge

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