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2022 (4) TMI 125

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..... g for interference. Revision application allowed. - C. R. R 122 of 2020 - - - Dated:- 24-3-2022 - Tirthankar Ghosh , J. Mr. Kushal Mukherjee for the petitioners Mr. Abhra Mukherjee Mr. Sudip Banerjee Mr. Sauradeep Dutta ..for the opposite party ORDER The present revisional application has been preferred challenging the proceedings arising out of Complaint Case No. 1154 .....

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..... ccused persons as per the agreement. The accused persons suddenly sent huge quantity of products of dishwash and detergents to the complainant which the complainant objected while receiving, but the accused persons did not turn up and as a result of which the said products were damaged in the godown of the complainant. Subsequently, the complainant requested the accused persons to settle the matte .....

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..... mplainant and its witness under Section 200 of the Code of Criminal Procedure was pleased to issue process against the present petitioners under Section 420 of the Indian Penal Code. Learned advocate appearing on behalf of the petitioners has drawn the attention of this court to the records of Complaint Case No. CNS 369 of 2017, which was filed before the learned Chief Metropolitan Magistrate, .....

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..... s court at a very initial stage and the complainant would be deprived of adducing its evidence in case there is any interference by this court. Additionally, the learned advocate submits that the allegations made in the petition of compliant accepted in its entirety, do make out a case for trial warranting that the complainant s evidence must be placed before the court and appreciated instead o .....

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..... 3. This court is of the opinion that the further continuance of the proceedings, as such, would be an abuse of the process of the court thereby calling for interference. Thus, the Complaint Case No. 1154C of 2018 under Sections 420/406/34 of the Indian Penal Code pending before the learned Judicial Magistrate, 3rd court, Malda as also the orders passed therein should be quashed. According .....

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