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2024 Supreme(Cal) 526

RAI CHATTOPADHYAY
Aloka Gooptu – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ayan Bhattacherjee, Mr. Ayan Chakraborty, Mr. Sudipta Mahapatra.
For the Opposite Parties : Ms. Kakali Samajpaty, Ms. Sangita Jangra, Mr. Subhranil Ray.

JUDGMENT :

Rai Chattopadhyay, J.

1. The criminal revision cases No. CRR 2145 of 2016 and CRR 2188 of 2016 have been heard together and are now taken up together for adjudication by this common judgment.

2. Both the criminal revisions are to challenge the complaint dated 31/12/2009, which has been registered as the complaint case No. 65555 of 2009 under sections 420/467/468/471 of the Indian Penal Code, 1860. The case is now pending before the Court of Metropolitan Magistrate, 16th Court at Calcutta. The orders made in the said case subsequent to filing of the complaint as above, are also challenged. The petitioners in both the criminal revision cases have prayed for quashing of the entire proceeding along with the complaint, as mentioned above.

3. The moot question for consideration of this Court in this case would be the scope and extent of applicability of the provision of Section 202 of the Code of Criminal Procedure. However, before dealing with the same one has to look into the nature of allegations as has been reflected through the complaint, as above.

4. One Rajkumar Sen/opposite party no. 2 is the complainant. The petitioner in criminal revision No. CRR 2145 of 2016 is the accus

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