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2023 Supreme(Cal) 1122

SHAMPA DUTT (PAUL)
Soumajit Bag – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Rajdeep Bhattacharya, Sanjib Sankar Majumdar.
For the Respondents: Binoy Panda, Narayan Prarsad Agarwala, Subham Bhakat.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing of the proceeding being Baruipur Police Station Case No. 13 of 2017, dated 02.01.2017 in G.R. Case No. 445 of 2017, under Sections 188/447/341/427/323/506 of the Indian Penal Code, 1860, pending before the Court of the Learned Additional Chief Judicial Magistrate, Baruipur, District-South 24-Parganas.

2. The petitioners’ case is that the defacto complainant/opposite party no. 2 herein is the developer under the petitioners/landlord nos. 2 and 3 herein in respect of property under Mouza - Baruipur, J.L. No. 32, Touzi No. 250, R.S. Khatian No. 8366, R.S. Dag No. 172 and 166/998 under Police Station - Baruipur, District-South 24-Parganas.

3. It is stated by the petitioner that the opposite party/defacto complainant made a false allegation at Baruipur Police Station on 02.01.2017 against the petitioners as follows:

    “I Sri Biplab Bhattacharjee, son of Bireshwar Bhattacharjee, of Village-Sasan, Bariupur, Police Station - Baruipur, District - South 24-Parganas, am a permanent resident thereof. My submission is that I with Debabrata Ray, Son of Late Pradip Ray of Purba Tentulberia, Post Office-Gari

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