DILIP KUMAR GANGULY @ DILIP GANGULY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-12-47
HIGH COURT OF CALCUTTA
Decided on December 24,2019

Dilip Kumar Ganguly @ Dilip Ganguly Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

MADHUMATI MITRA, J. - (1.) The petitioners are the accused persons in connection with the proceedings being C.N.Case No.0010233 of 2015 under Sections 420/406/120B of the Indian Penal Code pending before the Court of Learned Metropolitan Magistrate, 19th Court at Calcutta.
(2.) The petitioners have also prayed for setting aside the order dated April 16, 2015 passed in connection with the above mentioned proceedings.
(3.) The brief facts giving rise to the present application are as follows:- On 17.03.2015, the opposite party no.2 filed an application under Section 156(3) of the Code of Criminal Procedure against the petitioners including one Ashima Ganguly for commission of alleged offences punishable under Sections 406, 420 and 120B of the Indian Penal Code before the Learned Additional Chief Metropolitan Magistrate, Calcutta, with a prayer to send the petition of complaint to the Officer-in-charge, Jorasanko Police Station for investigation. After considering the averments of the petition of complaint and the materials placed on record, the Learned Magistrate rejected the prayer of the complainant to treat the same as an F.I.R. and registered the petition of complaint as a complaint case. Learned Magistrate took cognizance of the alleged offences. Thereafter, Learned Additional Chief Metropolitan Magistrate transferred the case to the file of the Learned Metropolitan Magistrate, 19th Court, Calcutta, for disposal. Learned Magistrate examined the complainant and her witness under Section 200 Cr.P.C. and observed that there was sufficient ground to proceed with the case against the petitioners for commission of the alleged offences punishable under Sections 420/406/120B of the Indian Penal Code. Accordingly, the Learned Magistrate issued process against the present petitioners along with other accused to face trial for commission of the alleged offences punishable under Sections 420/406/120B of the Indian Penal Code.;


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