C.R.R. No. 361 of 2007. Case: Sri Ramapada Shaw Vs The State of West Bengal and Anr.. High Court of Calcutta (India)
| Case Number | C.R.R. No. 361 of 2007 |
| Counsel | For Appellant: Sudipto Mitra, Milon Mukherjee, Subroto Bhattacharyya, Molla Mahatabuddin, Advs. And For Respondents: Biplab Mitra, Amajit De, Advs. for the State, Subir Bhattacharyya, Jyotirmoy Adhikary and Tirthankar Dhali, Advs. |
| Judges | Syamal Kanti Chakrabarti, J. |
| Issue | West Bengal Cooperative Societies Act, 1983 - Sections 95, 95(1), 96, 96(1), 96(7) and 138; Criminal Procedure Code (CrPC) - Sections 438 and 482; Indian Penal Code - Sections 24, 25, 403, 405, 406 and 420; Constitution of India - Article 226 |
| Judgement Date | August 16, 2011 |
| Court | High Court of Calcutta (India) |
Judgment:
Syamal Kanti Chakrabarti, J.
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The instant revisional application under Section 482 Code of Criminal Procedure has been preferred for quashing the entire proceeding of G.R. Case No. 1548 of 2005 arising out of Memari Police Station Case No. 242 of 2005 under Sections 406/420 Indian Penal Code now pending before the learned Judicial Magistrate, 5th Court, Burdwan.
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It is submitted on behalf of the Petitioner Ramapada Shaw that on 11.11.2005 one Susanta Kumar Majilla, the District Manager, BENFED, Burdwan Branch under the West Bengal State Cooperative Marketing Federation Limited lodged a complaint against Messrs. Ma Chandi Rice Mill, Jabui, P.S. Memari, District Burdwan and its members namely, Ramapada Shaw (the present Petitioner), Shyamapada Show and Muktipada Show alleging, inter alia, that all the partners of the above rice mill have dishonestly misappropriated 23,860.71 quintals of paddy which were entrusted to the aforesaid rice mill between the period from 25.01.2005 to 08.03.2005 which were procured from different cooperative societies of the district under the direction of the District Manager of Milling. The said quantity of paddy was required to be hasked and to deliver the resultant rice thereof to the District Controller (Food & Supplies), Burdwan under the support price scheme of the State Government. According to the complainant the resultant rice of the said entrusted paddy would be 1503.18 Metric Tonne (M.T.) but the mill delivered only 300 M.T. up to August, 2005 and was bound to deliver the remaining quantity of 1203.18 M.T. by September, 2005. The price of the said outstanding quantity of rice would be Rs. 1,12,58,400/-. Several reminders were issued to the said rice mill on several occasions, but to No. effect and thus, they misappropriated the price of undelivered huge quantity of rice as aforesaid and thereby also cheated the Government and as such liable for prosecution under Section 406/420 Indian Penal Code.
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On the basis of such complaint the aforesaid Memari P.S. Case No. 242 of 2005 dated 12.11.2005 under Section 406/420 Indian Penal Code was started.
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On receipt of such information the Petitioner filed an application under Section 438 Code of Criminal Procedure before the learned Additional District and Sessions Judge, Burdwan who rejected the prayer and thereafter similar prayer was made before this Hon'ble Court. In course of consideration of such prayer the Hon'ble Court was pleased to direct the Petitioner to pay a sum of Rs. 10,00,000/- to the de facto complainant which was complied with. The other two accused persons filed a special leave to appeal being No. 1312 of 2006 before the Hon'ble Apex Court praying for grant of bail and Their Lordships were pleased to direct those Petitioners to pay a further sum of Rs. 20,00,000/- to the Assistant Registrar of Cooperative Society, Burdwan Range - I, District Burdwan which was also complied with on 18.05.2006. It is further submitted on behalf of the Petitioner that after completion of investigation charge-sheet has been filed in this case under Section 406/420 Indian Penal Code and the case has been subsequently transferred to the Court of learned Judicial Magistrate, 5th Court, Burdwan. Being aggrieved by and dissatisfied with the result of such investigation the Petitioners have assailed the entire proceedings contending, inter alia, that there was an agreement between the Petitioner and the opposite party No. 2, District Manager, BENFED under the West Bengal State Cooperative Marketing Federation Limited, Burdwan Branch, District Burdwan for such supply of rice against receipt of certain quantity of paddy and accordingly from time to time the Petitioner used to deliver the rice. Unfortunately on 20.02.2005 the Petitioner met with a serious accident at Benagram...
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