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AJAY KUMAR GUPTA
Moitry Dana – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioners/accused persons are seeking quashing of the proceedings of D.R. Case No. 2812/2022 arising out of Kalyani Police Station Case No. 241/2022 dated 20.05.2022 under Sections 406/420/120B/34 of the Indian Penal Code, 1860 and Sections 7/7A/8/11/13 of the Prevention of Corruption Act, 1988 pending before the Court of the Learned Additional Sessions Judge, 4th Court, Krishnanagar, Nadia –cum- Learned Special Court (Prevention of Corruption Act) by filing a criminal revisional application under Section 482 of the Code of Criminal Procedure, 1973.
2. The factual matrix of the instant case is as under: -
2a. The petitioner no. 1 is the daughter of the petitioner no. 2, who is a Member of the Legislative Assembly from the Bankura Constituency and is leader of a political party. Suddenly, the petitioner no. 1 received a notice under Section 160 of the Code of Criminal Procedure from one Ashim Mondal, Inspector of Police, Economic Offence Wing, CID, West Bengal dated 04.07.2022 requiring her to appear on 11.07.2022 though she was completely unaware about the case being Kalyani Police Station Case No. 241/2022 dated 20.05.2022 under Sections 406/420/12
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Appointments from systemically tainted recruitment process void ab initio; no Article 311(2) protection or individual enquiry required; State may terminate en masse to restore public service purity.
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