IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE Before:

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR 364 of 2023 TAPENDRANATH BANERJEE VS THE STATE OF WEST BENGAL &ANR.

For the Petitioner : Mr. Saswata Gopal Mukherji, Sr. Adv.

Mr. Ayan Kumar Boral,Adv.

For the State : Mr. Suman De, Adv.

Mr. Abhinaba Mukherjee, Adv.

Heard on : 10.04.2026 Judgment on : 16.04.2026 Uploaded on : 22.04.2026 CHAITALI CHATTERJEE (DAS), J.:-

1. Challenging the order dated November 25, 2022 passed by Additional Chief Metropolitan Magistrate, Kolkata taking cognizance of the offence on the basis of a charge-sheet no. 172/22 dated November 18, 2022 under Sections 420/406 of the Indian Penal Code, this revisional application has been filed by the petitioner.

The brief facts of the case is as follows:-

2. The present petitioner is having a business of real estate development and under the nomenclature of ‘D.K.B.Nirman Private Limited’. A development agreement was entered into between Shebait and the trustee of Shib Krishna Debutter Estate with D.K.B. Nirman Private Limited on November 25, 2009 for construction of basement plus G+5 building thereon. A power of attorney dated 25.11.2009 w