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ARIJIT BANERJEE, BISWAROOP CHOWDHURY
State of West Bengal – Appellant
Versus
Mrinal Paul @ Mona Paul – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This appeal is directed against a judgment and order dated September 30, 2024, passed by a learned Judge of this Court in WPA No. 1944 of 2024, being a writ petition filed by the private respondent no. 1 herein. The writ petition is still pending.
2. The relevant facts of the case are that a criminal proceeding being Bhakti Nagar Police Station Case no. 450/2022 dated 04/05/2022 under Sections 447, 506, 420, 465, 467, 468, 471, 188 and 120B of Indian Penal Code corresponding to GR Case No. 2454 of 2022 was initiated against the private respondent/writ petitioner before the Chief Judicial Magistrate, Jalpaiguri.
3. The private respondent herein filed a writ petition being WPA No. 1018 of 2022 praying for quashing of the said criminal proceeding. He argued that the criminal proceeding was motivated and was initiated only to harass him. He also submitted that there were deliberate arbitrary acts of police atrocity inflicted on him by illegally detaining him on the basis of an FIR registered over the same facts on the basis of which an earlier criminal case is already pending. Apart from praying for quashing the proceedings, the writ petitioner prayed for
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The court cannot decide on the importance or complexity of a case without considering the merits of the connected petitions.
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