Msgp Ventures Private Limited v. State Of West Bengal And ORS.

21.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.49 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4029 of 2022 In the matter of : MSGP Ventures Private Limited ... Petitioner.

Ms. Baisali Basu ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

Affidavit-of-service filed in Court today be kept on record.

Report dated 17.08.2023 submitted by Mr. Arijit Ganguly, learned advocate appearing for the State be kept on record.

The said report reflects that the opposite party nos. 2 and 3 have no objection in case the amount of Rs.7,00,000/- is handed over to Gagan Lakhotia. The petitioner would apply for such return of the amount, if not already received. In view of the statements made by Ishwarchand Nemchand Jain and Adish Ishwarchand Jain, I am of the opinion that the subject-matter of Rs.7,00,000/- being the issue of dispute for which Posta Police Station Case No. 197 of 2020 dated 01.11.2020 under Sections 120B/406/420 of the Indian Penal Code was registered for investigation and subsequently proceedings commenced and continued, I hold that further continuance of the proceedings arising out of Posta Police Station Case No. 197 of 2020 dated 01.11.2020 is unwarranted.

Accordingly, all further proceedings of Posta Police Station Case No. 197 of 2020 dated 01.11.2020 under Sections 120B/406/420 of the Indian Penal Code pending before the learned Additional Chief Metropolitan Magistrate, Calcutta are hereby quashed.

The revisional application being CRR 4029 of 2022 is, thus, allowed.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)