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2024 Supreme(Cal) 1322

SHAMPA DUTT (PAUL)
Amitava De Bhowmick – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pawan Kumar Gupta, Mr. Abhimanyu Bannerjee, Ms. Sofia Nesar, Mr. Santanu Sett.
For the Respondent: Ms. Rita Datta, Mr. Jayanta Narayan Chatterjee, Mr. Supreem Naskar, Ms. Jayshree Patra, Ms. Pritha Sinha.

JUDGMENT :

Shampa Dutt (Paul), J.

1. This revision has been preferred against an order dated 19.07.2017 passed by the Learned Additional Chief Judicial Magistrate, Sealdah General Registrar Case No. 3993 of 2015 Manicktala Police Station Case No. 278 of 2015 dated 07.12.2015 under Sections 341/323/504/506/363/511/34 of the Indian Penal Code, 1860 read with Section 25(1B)(a)/27 of The Arms Act, 1959 whereby the Learned Magistrate was pleased to receive final report in form of Mistake of Fact vide no. 52 of 2016 dated 03.08.2016 submitted on 14.09.2016 and thereupon was further been pleased to accept the same by dropping the entire proceeding upon issuance of notice upon the de-facto complainant/petitioner.

2. The proceedings in this case against the private opposite parties was initiated on the basis of a written complaint dated 19.11.2015, wherein it appears that there was an execution of a sale agreement between the parties for sale of a flat to the opposite parties/accuseds. There is a dispute relating to payment of Rs. 8,40,000/- made by the accuseds/opposite parties to the petitioner, which is denied by the petitioner.

3. The accuseds/opposite parties insist that they have paid but

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