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2023 Supreme(Online)(HC) 12479

Ananya Bandyopadhyay, J
Gobind Agarwal & Ors. – Appellant
Versus
The State of West Bengal & Anr. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Pinaki Ranjan Mitra
For the Respondents: Mr. Binay Panda, Ms. Puspita Saha

Ananya Bandyopadhyay, J.:-

1. The instant revisional application has been filed for quashing of the impugned proceedings being Charge-Sheet No. 382 of 2012 dated 31.10.2012 under Sections 403 /406/417/442/34 of the Indian Penal Code arising out of Malipanchghara Police Station Case No. 286 of 2012 dated 21.08.2012 under Sections 403 /406/417/442/34 of the Indian Penal Code pending before Learned Judicial Magistrate, 5th Court, Howrah being G.R. Case No. 5555 of 2012. 2. Petitioners stated that one Sukhendu Ghosh a tenant at premises no. 9 Akshay Kumar Chatterjee Lane filed an application under Section 156 (3) of the Code of Criminal Procedure before the Learned Chief Judicial Magistrate Howrah inter alia stating the petitioner no. 1 to 3 to be the partners of Partnership firm namely “Balaji Realtors” and petitioner 1 and 3 entered into an agreement with petitioner no. 2 and 4 for development and construction of building at premises no. 9 Akshay Kumar Chatterjee Lane. Petitioner No. 1 and 2 entered into an oral agreement for sale of proposed Flat measuring with 550 sq. ft. at consideration of Rs.1040/- per square feet, amounting to a sum of Rs.5,72,000/-. Rs. 1,55,001/- was paid in a

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