MALTI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revision petition has been filed for quashing the T.R. Case No. 19 of 1982 of the court of the Chief Judicial Magistrate, Burdwan under section 494/109 of the Indian Penal Code.

(2.) The petitioner who is one of the accused of the above case bas challenged the fresh issuing of process against the present petitioner and others on the self same petition of complaint filed on 16.12.1985 after the first complaint on the same facts filed in 1982 ended in the discharge of the accused on 8.10.1985 on the ground of cognizance not having taken validly. It is also contended that petition of complaint did not disclose any allegation against the present petitioner and the issuing of process is bad in law.

(3.) The revision petition is contested both by the State as well as the opposite party No.2.