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2024 Supreme(Cal) 400

AJAY KUMAR GUPTA
Bikash Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Supriyo Chattopadhyay, Adv. Mr. Samaresh Chandra Dhara, Adv. Ms. Deboshree Chatterjee, Adv.
For the Respondent: Mr. Madhusudan Sur, Adv. Mr. Dipankar Pramanik, Adv., Mr. Prabir Majumder, Adv. Mr. Debraj Shil, Adv.

JUDGMENT :

Ajay Kumar Gupta, J.

1. This instant Criminal Revisional application has been filed by the petitioners challenging the correctness, legality and propriety of an order dated 6th January, 2022 passed by the Court of Learned Additional Chief Judicial Magistrate, Nadia at Ranaghat in connection with G.R. No. 609/2018 arising out of Taherpur Police Station Case No. 64/2018 dated 19th April, 2018 under Sections 447/341/326/307/302/34 of the Indian Penal Code, 1860 thereby the learned Magistrate took cognizance against the present petitioners though they are not charge-sheeted in the police report.

2. The factual matrix of the instant case leading to filing of this application is as under:

2a. A written complaint was lodged by Subhasis Biswas before the officer-in-charge, Taherpur Police Station on 19th April, 2018 resulted in registration of an FIR being Taherpur Police Station Case No. 64/2018 dated 19th April, 2018 under Sections 447/341/326/307/302/34 of the Indian Penal Code, 1860 against several accused persons including the present petitioners. The investigation of the case has been finally culminated by filing charge sheet against Surajit Mondal and seven others and not cha

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