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2024 Supreme(Cal) 39

SUBHENDU SAMANTA
In the Matter of: M/s. Blue Star Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner:Krishnendu Bhattacharya, Avishek Guha, Akansha Chopra, Priyankar Ganguly, Advocates. For the Respondents:Saswata Gopal Mukherjee, Ld. P.P., Imran Ali, Debjani Sahu Soham Dhara, Advocates.

JUDGMENT

1. This is an application u/s 482 of the Code of Criminal Procedure for quashing a proceeding being complaint case No. C-234 of 2017 pending before the Learned 2nd Court of Judicial Magistrate Asansol alleging offence u/s 420/120B of IPC and of order passed therein for sheer abused of process of law.

2. The brief fact of the case the present OP 2 has lodged a petition of complaint against the present petitioner before the Learned Chief Judicial magistrate, Asansol vide complaint case No. 234 of 2017 alleging offences punishable u/s 420/120B of IPC.

3. The address of the present petitioner was stated in the petition of complaint as- 7, Hare Street, Kolkata 700001. After receiving the petition of complaint the Learned Chief Judicial magistrate Asansol, transfer the same complaint case to the Learned 2nd Court of Chief Judicial Magistrate Asansol for disposal.

4. After receiving such petition of complaint by the Chief Judicial magistrate 2nd Court Asansol, Learned Magistrate examine the complainant on SA and after considering the evidence and materials on record on issued process against the present petitioner u/s 204 of the Code of Criminal procedure for offence punishable u/s 4

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