RATAN MAJUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing and/or setting aside of proceedings in connection with G.R. Case No. 466 (1) 18, corresponding to Charge Sheet No. 09/19, dtd. 30/03/2019 arising out of Dum Dum GRPS. Case No. 89 of 2018 dtd. 18/11/18 under Ss. 306/34 of the Penal Code, 1860, presently pending before the Learned Additional Chief Judicial Magistrate (4 Court, Railway) at Sealdah, and all orders passed therein including order dtd. 22/4/19 whereby the Learned Magistrate was pleased to take cognizance of the purported Charge Sheet submitted by the investigating agency and direct issuance of notice to the petitioners/accused persons.

(2.) The petitioner's case is that the petitioners no. 1, 3 and 4 are businessmen and the petitioner No. 2 is the wife of petitioner No. 1. The petitioners have to deal with various people in connection with their business, and in the same manner in the year 2012, the petitioners have come into contact with one Sukamal Bose being resident as well as businessman of the same locality where the petitioners reside.

(3.) The said Sukamal Bose (deceased husband of the De Facto Complainant) was the proprietor of one Firm functioning under the name and style of M/S Shubham Construction having its Office at No. 06 Nandan Nagar, Police Station Belgharia, Kolkata - 700 083. The said person had approached the petitioners No. 1 and 3 to jointly invest Rupees 8,00,000 (Eight Lacs) 4,00,000 (Four Lacs) each in his construction business on certain terms and conditions, and pursuant to such understanding, an agreement dtd. 16/01/2012 was executed in between the said Sukamal Bose and the petitioners No. 1 and 3 which was notarized on 18/01/2012.