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2023 Supreme(Online)(HC) 11576

Ananya Bandyopadhyay, J
Chandranath Batabyal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Milon Mukherjee, Mr. Rana Mukherjee, Mr. Biswajit Manna
For the Respondents: Mr. Madhusudan Sur, Mr. Manoranjan Mahata

Table of Content
1. quashing applications initiated without valid grounds. (Para 1 , 2 , 3 , 4 , 5)
2. allegations must have substantiating evidence to proceed. (Para 6 , 7 , 8 , 10 , 12 , 14)
3. proper sanction required for prosecuting public servants. (Para 15 , 20 , 21 , 24 , 27)
Ananya Bandyopadhyay, J.:-

1. This instant criminal revisional application is filed by the petitioner praying for quashing of the proceeding being G.R. No. 260/2011 arising out of Simlapal P.S. Case No. 23/2011 dated 15.06.2011 under Sections 406 /420/12B/384 of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Khatra, Bankura.

2. Petitioner stated that while he was attached with Simlapal Police Station, Simlapal, District Bankura one case was registered by him vide Simlapal P.S. GDE No. 113/2010 dated 3.3.2010 under section 41 of the Code of Criminal Procedure to the effect that on 3.3.2010 at about 20.30 Hrs. while he along with force were performing mobile duty at Bikrampur More under Simlapal Police Station, Simlapal, District Bankura one Lorry bearing Registration No. WB67/6842 loaded with white colour dolomite chips were proceeding towards Raipur at high speed. The

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