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2024 Supreme(Cal) 1291

AJAY KUMAR GUPTA
Pradeep Kundalia – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Kumkum Mukherjee, Adv.
For the Opposite Party : Mr. Tapas Kr. Dey, Adv. Mr. Rakesh Ray, Adv., Ms. Faria Hossain, Ld. APP Ms. Suparna Chatterjee, Adv.

JUDGMENT :

Ajay Kumar Gupta, J.

1. This instant revisional application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Charge Sheet being Charge Sheet No. 13/18 dated 27th February, 2018 in connection with Ballygunge Police Station FIR No. 139 dated 11th October, 2017 under Sections 448/188/34 of the Indian Penal Code, 1860 against the petitioners pending before the Learned Chief Judicial Magistrate, Alipore.

2. The factual matrix of the instant case is that the opposite party no. 2 has lodged a written complaint on 11th October, 2017 with the Officer-in-Charge, Ballygunge Police Station alleging therein that the opposite party no. 2 is a resident of 13/1, Chakraberia Road, North (now known as Pandit Madan Mohan Malaviya Sarani), P.S. Ballygunge, Kolkata – 700 020 which is an undivided property of the father of the opposite party no. 2 and her aunt.

2a. One Subhas Maitra was a bachelor and used to live alone in the first floor of the said premises. On 25th April, 2015, he was found lying unconscious by the opposite party no. 2, who took the assistance of the local police to force open the main door of his flat. The pol

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