GADAI CHAND DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated July 4, 2009 passed by the learned Chief Judge, City Session Court, Calcutta in Criminal Revision No. 104 of 2009 dismissing the prayer of the petitioner challenging the order dated 28.04.2009 passed by the learned Chief Metropolitan Magistrate, Calcutta under Section 156(3) of the Code of Criminal Procedure resulting in registration of Hare Street Police Station Case No. 289 dated 17.05.209 has been assailed in the instant case.

(2.) Mr . Dastoor, learned counsel appearing for the petitioner submitted that the impugned proceeding being Hare Street Police Station Case No.289 dated 17.05.2009 relates to the selfsame facts over which a complaint case had already been instituted being Case No. C16539 pending before the learned Metropolitan Magistrate, 11th Court, Calcutta. He accordingly submitted that the institution of the subsequent criminal proceeding was a fraud perpetrated on the Court and ought to be set aside as an abuse of process of Court. Mr. Keshri, learned counsel appearing for the State produces the case diary and submitted that investigation in respect of the impugned First Information Report has concluded and chargesheet has been filed against the petitioner.

(3.) The learned counsel appearing for the opposite party nos.2 and 3 opposed the prayer for quashing of the First Information Report. She, however did not deny the fact that the impugned criminal proceeding related to the selfsame facts as in Case No. C16539.