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2024 Supreme(Cal) 276

UDAY KUMAR
Kingshuk Chatterjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Asis Bhattachayya, B. Mitra, Kumari Nilam Shaw, Sukhen Bar.
For the Respondents: Pawan Kumar Gupta, Kaoushik Chatterjee, Sofia Nesar, Santanu Sett, Manisha Sharma.

JUDGMENT :

UDAY KUMAR, J.

1. The instant application under Section 482 read with Section 401 of the Criminal Procedure Code, 1973 (herein after referred as Cr.P.C.) had been instituted by the petitioners for quashing of the charge-sheet corresponding to Special Case Number 43 of 2022 filed in connection with AJC Bose B Garden Police station case No. 48 of 2022 dated 30.03.2022 under Sections 448/506 of the India Penal Code, 1860 (herein after referred to as IPC) and Section 3 of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act) pending before the Learned Additional District and Sessions Judge, Special Court under the SC/ST Act.

2. In a nutshell, the petitioners’ case referred to, an incident occurred on 13.11.2020 at 22:30 hrs. It was informed to the AJC Bose B Garden Police Station on 23.11.2020 by Krishna Sardar (mother of the Opposite party no. 2 herein). The said information was registered as a first information report (herein after referred to as “first FIR”,) being AJC Bose B Garden Police Station Case No. 195 of 2020 dated 23.11.2020 under Sections 448/506/34 of the IPC, 1860 (“IPC”, hereafter) and Section 3 o

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