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2023 Supreme(Cal) 1115

BIBHAS RANJAN DE
Gopal Tantia @ Gopal Prasad Tantia – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ayan Bhattacherjee, Aditya Ratan Tiwary.
For the Respondents: Arijit Ganguly, Debjani Sahu.

JUDGMENT :

BIBHAS RANJAN DE, J.

1. In this case, law was put into motion by filing an application under Section 156(3) of the Code of Criminal Procedure 1973(hereinafter referred to as CrPC) by one Tapas Kumar Biswas proprietor of M/s Vinayak Construction against Mr. Sahinul Isalm, director of B2R project Private Limited (hereinafter referred to as B2R), Rashid Ali Khan, Arif Md. Khan and Gopal Prasad Tantia , Director of G.P.T Infra Project Private Limited, alleging inter alia that one G.P.T Infra Project Limited ( hereinafter referred to as GPT) obtained a contract for earth work in filling on Railway embankment and approaches of level-Xing, supplying and spreading of stone dust over formation and approaches of Level-Xing as blanketing materials and RCC minor bridges, retaining wall and other ancillary works in Section ‘A’ from Ahmedpur (excluding) to Labpur (including) km 0.00 to 15.00 in connection with Gangu conversion work of Ahmedpur-Katwa N.G. Section vide Letter of Acceptance No. CAO/Con/WT/8934 dated December 14, 2012 issued by the Chief Administrative Officer (CON), Eastern Railway, 14 Strand Road, Kolkata-700001.

2. Subsequently, B2R, a partnership firm, approached GPT for

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