DREAMZ COLLECTION Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Instant application under sec. 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, praying for quashing of the proceeding in complaint Case No. C/7014/2010 under sec. 420 read with sec. 34 of the Indian Penal Code, 1860, pending before Learned Judicial Magistrate, 8th Court, Alipore, 24th Parganas South.

(2.) In gist, the fact of the case is that the opposite party no.2 filed a petition of complaint under Sec. 420/120B/34 of Indian Penal Code against the petitioners and three other persons namely Manoj Kumar Saraf, Radheshayam Saraf and Dev Karan Saraf. The complainant is the authorized representative and husband of Mrs. Sapna Rungta having a business of saree and boutique at Gariahat, Kolkata. Petitioner no.2 is described as a partner of M/S. Dreamz Collection and the other accused persons have been represented as the other partners of M/S Dreamz Collection, having its place of business at 162/2, Agrasen Road, Khalpara Outpost, P.S Siliguri.

(3.) On the basis of the complaint lodged, a complaint case bearing no.7014/2010 was registered against the petitioners and Dev Karan Saraf under Sec. 420/120B /34 of IPC before learned Chief Judicial Magistrate, Alipore.