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2024 Supreme(Cal) 195

SHAMPA DUTT (PAUL)
Gopal Sanei @ Gopal Kumar Sanei – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ayan Bhattacharjee.
For the Respondent: Mr. Bitasok Banerjee, Mr. Arunava Ganguly.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceedings of G.R. No. 1250 of 2018 corresponding to Haripal Police Station Case No. 194 of 2018 dated September 22, 2018 under Sections 420/120B/34 of the Indian Penal Code, 1860 pending before the Court of the Learned Additional Chief Judicial Magistrate Chandannagore, Hooghly.

FACTS:-

2. The petitioner states that on September 29, 2018 the opposite party no.2 herein filed a complaint before the Court of the Learned Additional Chief Judicial Magistrate Chandannagore at Hooghly (hereinafter referred to as ‘Learned ACJM’) therein alleging commission of offences punishable under Sections 420/120B/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) against as many as five accused persons including the petitioner herein who were arraigned as accused no.3, 4 and 5 respectively therein praying for a direction under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) for an investigation under Chapter XII of Cr.P.C.

3. The allegations in the complaint was to the effect that:-

    The opposite party no.2 herein is the owner of a Restaur

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