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2024 Supreme(Cal) 590

SHAMPA DUTT (PAUL)
Swami Brahmatmananda Maharaj @ Swami Brahatmananda Maharaj – Appellant
Versus
Alak Kumar Maiti – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Arindam Jana, Mr. Arhan Sengupta.
For the Respondent: Mr. Md. Anwar Hossain, Ms. Sreyashee Biswas, Mr. Biplab Mitra, Ms. Trina Mitra.

Table of Content
1. quashing of a.c. case no. 2869/2019 is sought based on insufficient allegations. (Para 1 , 3 , 5)
2. petitioner's character as a monk and accusations of defamation raised. (Para 2 , 4 , 6)
3. no substantial evidence found to indicate the offences of defamation and criminal intimidation. (Para 12 , 21 , 24)
4. the court's judgment favorably grants the petitioner's request for quashing. (Para 41 , 42)

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceeding being A.C. Case No. 2869/2019 under Sections 500 /506 of the INDIAN PENAL CODE , 1860 presently pending before the Court of the Learned Judicial Magistrate, 7th Court at Alipore, South 24 Parganas.

2. The petitioner’s case is that he is an altruist monk, serving the purpose of humanity, being attached with Bharat Sevasram Sangha in the capacity of Secretary, Bharat Sevasram Sangha Hospital.

3. The petitioner states that the genesis of the instant case dates back to 23.04.2019, when the opposite party filed a petition of complaint before the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas being AC Case No. 2869/2019, alleging commission o

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