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THE STATE OF WEST BENGAL v. MOITRY DANA

Supreme Court of India | Diary 47194/2024

Status

Order

Decided On

2024-12-02

Bench

HON'BLE MR. JUSTICE UJJAL BHUYAN, HON'BLE MR. JUSTICE SURYA KANT

Petitioner

THE STATE OF WEST BENGAL

Respondent

MOITRY DANA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.4929 OF 2024 (Arising out of SLP(Criminal) No. 15166/2024 )

THE STATE OF WEST BENGAL APPELLANT

VERSUS

MOITRY DANA & ORS. RESPONDENTS

WITH

CRIMINAL APPEAL NO.4930 OF 2024 (Arising out of SLP(Criminal) No.16886 /2024 )

[Diary No. 53497/2024]

MOITRY DANA & ANR. APPELLANTS

VERSUS

THE STATE OF WEST BENGAL & ANR. RESPONDENTS

O R D E R

1. Delay condoned.

2. Leave granted.

3. The State of West Bengal assails the judgment and

order dated 05.08.2024 passed by a learned Single Judge

of the High Court at Calcutta, whereby D.R. Case

No.2812/2022 arising out of Kalyani Police Station Case

No.241/2022 dated 20.05.2022 and all the proceedings

arising therefrom have been quashed, primarily on the

ground that prior sanction under Section 17-A of the

Prevention of Corruption Act, 1988 (in short, the “P.C.

Act), as amended vide Act 16 of 2018, was not obtained.

1

4. It may be mentioned that the above-mentioned

criminal case was registered under Sections 406, 420,

120B/34 of the Indian Penal Code, 1860 and Sections

7/7A/8/11/13 of the P.C. Act. The proceedings arising

therefrom, which the High Court has quashed, were pending

in the Court of learned Additional Sessions Judge, IV

Court, Krishnanagar, Nadia-cum-learned Special Court...

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