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1990 Supreme(Online)(Cal) 3

CALCUTTA HIGH COURT
Mr. Bhagabati Prasad Banerjee, S. K. Sen, JJ
Sohan Lal Baid v. State of W.B. and Others


1. The appeal is taken up for hearing by treating it as included in the day's cause list.

2. The appeal arises out of an order passed by the trial Court on April 6, 1989 in C.R. No. 713(W) of 1988. The appeal raises the question as to the power, authority and jurisdiction of the trial Court (Mr. Justice Bhagabati Prasad Banerjee) to pass the said order.

3. The appellant (Sohanlal Baid) is the original Writ Petitioner. The eighth respondent herein initiated a proceeding against the appellant and a few others including Chhaganlal Baid and Kundanmall Baid, under S.156(3) of the Code of Criminal Procedure, in the Court of the Additional Chief Judicial Magistrate at Sealdah, 24 - Parganas (South), seeking investigation in respect of an alleged offence punishable under S.380 of the Indian Penal Code. The said Court directed the fifth respondent herein to inquire into the complaint and to submit a report. The case was thereupon registered as Chitpur Police Station Case No. 94 dated April 23, 1986. The said proceeding gave rise to three separate Writ Petitions with identical prayers to the effect, inter alia, that the investigation and the consequential proceeding pending in the Court below









































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