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2024 Supreme(Cal) 511

SUBHENDU SAMANTA
Mahendra Kumar Jalan @ M. K. Jalan – Appellant
Versus
Anil Kumar J. Bavishi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhrajit Mitra, Mr. Somopriyo Choudhury, Mr. Satadeep Bhattacharya, Ms. Pritha basu, Mr. D. Chakraborty, Ms. Bhawna Agarwal, Ms. Joyshree Ghosh.
For the Opposite Party : Mr. Ayan Bhattacherjee, Mr. Kunal Ganguly, Mr. Sharequel Haque, Mr. Tirupati Mukherjee.

JUDGMENT :

Subhendu Samanta, J.

1. This is an application u/s 482 of the Code of Criminal Procedure for quashing of complaint case Being No. CS-0023522 of 2015 u/s 181/193/199/200/209 of IPC and all orders passed therein including the order dated July 8th, 2015 passed by the Learned Chief Metropolitan Magistrate, Calcutta, thereby taking cognizance and order dated April 5th 2017 passed by the Learned Metropolitan Magistrate 6th Court Calcutta thereby issuing process against the present petitioner.

2. The brief fact of the case is that the present opposite party lodged a petition of complaint before the Learned Chief metropolitan Magistrate Calcutta against the present Petitioner alleging offence punishable u/s 181/193/199/200/209 of IPC committed by the present petitioner. On the basis of such complaint the Learned Magistrate has taken the cognizance and sent the case to the Learned Metropolitan Magistrate 6th Court Calcutta. The Complainant was examined u/s 200 Cr.P.C. on SA and Learned Magistrate directed OC Hare Street, PS to conduct an investigation u/s 202 Cr.P.C.. After the report of police was filed, the Learned Magistrate was pleased to issue process against the present petiti

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