1985 (2) TMI 317

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..... pplication filed by Harilal Shaw arises out of proceedings under section 4(1) of the Bengal Criminal Law Amendment Act, 1942. Two. other accused are also being prosecuted under sections 113 and 114 of the Motor Vehicles Act respectively. All the said offences are non cognizable. Mr. Ghose, learned advocate appearing for the petitioner has submitted that the proceedings pending before the learned A .....

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..... so cited before me an unreported decision (a xerox copy of which has been kept in the records of the trial court) of Amitabha Dutta, J of this Court in Criminal Revision Cases Nos. 1255 and 1256 of 1980 (Laxmi Shaw Vs. State of West Bengal), judgment of which was delivered on 31st August, 1981, wherein the said case reported in 1974 Criminal Law Journal 185 was referred to and relied upon in comin .....

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..... wn irrespective of any question of prejudice. 4. I am clearly of the view, that there has been a violation of the mandatory provisions of section 155(2) of the said Code in this case and therefore, the entire proceedings against the present petitioner must be quashed. The application accordingly succeeds. The Rule is made absolute and the entire proceedings pending before the learned trial cour .....

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