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2024 Supreme(Cal) 461

SHAMPA DUTT (PAUL)
Gurudayal Gangabux (Pvt. ) Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ayan Bhattacharya, Mr. Neelesh Choudhury, Ms. Anuradha Poddar.
For the Respondents: Ms. Priyanka Agarwal.

Table of Content
1. initiation of criminal proceedings requires factual basis. (Para 1 , 2 , 3)
2. absence of mens rea negates criminal liability. (Para 39 , 40 , 50)
3. criminal cases must be quashed if lacking proof of alleged wrongdoing. (Para 56 , 57 , 58)

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred praying for quashing of the proceeding pending before the Learned Metropolitan Magistrate 9th Court, Kolkata, in connection with Complaint Case no. C.S. 32544 of 2019, under Sections 406 /409/420/120B of the INDIAN PENAL CODE , 1860.

2. The petitioner’s case herein is that the petitioner no. 1 is a company within the meaning of the Companies Act, 1956, having its Registered office as mentioned in the cause title. The petitioners no. 2, 3 & 4 are the Directors of the petitioner no.1.

3. The petitioners no. 2, 3 & 4 being the directors of the petitioner no. 1 are in full charge of the day to day affairs and/or business of petitioner no. 1 and they take all necessary decisions on behalf of the petitioner no. 1/company.

4. The petitioners state that the petitioner no. 1/company deals with the business of export & import and the petitioners are

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