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Judgment
H.N. Nagamohan Das
In this petition the petitioners have prayed for quashing the proceedings in C.C.No. 5421/2010 for the offences punishable under Sections 8 and 117 of K.A.P.M. (R&D) Act. The third accused Sudeepta Mukherjee appeared before the Trial Court, pleaded guilty and he was sentenced by levying fine and imprisonment till raising of the court. Now the second petitioner representing the first petitioner has entered appearance before the Trial Court and he was enlarged on bail. At this stage, the petitioners are before this court to quash the proceedings. Learned counsel for the petitioners submit that already accused no. 3 is sentenced and therefore the proceedings cannot be continued against these petitioners. Alternatively, it is contended that petitioners are ready to pay the fine amount and the proceedings may be quashed. These are all matters required to be considered by the jurisdictional Magistrate. Reserving liberty to the petitioners to approach the Trial Court to pay the fine amount and if such an application is filed, then the Trial Court to consider the same in accordance with law. Accordingly, I find no justifiable ground to interfere with the proceedings--at this stage. Hence, the petition is hereby rejected.
