- (1.) The petitioner Alok Ranjan along with eight others is facing trial before the Sessions Judge for offences punishable under sections 120B, 409, 411, 467, 420 and 471 of Indian Penal Code. This is a petition under section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India for quashing the criminal proceedings pending against the petitioner.
(2.) Accused No. 1 Guruswarup Shrivastava is the proprietor of M/s. Swarup Group of Industries (hereinafter referred to "Swarup Group"), accused No. 2 Homi Rajvansh was working as Additional Managing Director of National Agricultural Cooperative Marketing Federation of India Limited (hereinafter referred to as "NAFED") at the relevant time. Accused No. 3 Meher Shrivastava appears to be connected to Swarup Group. Accused No. 4 is the present petitioner and was working as Managing Director of NAFED. Accused No. 5 was working as Financial Advisor of NAFED. Accused No. 6 Nizar Mistry was the proprietor of M/s. Sonu International Trading Company, accused No. 7 was the financial controller of Swarup Group, accused No. 8 was also an employee of Swarup Group and accused No. 9 is wife of accused No. 1 Guruswarup. It is alleged that all the accused belonging to Swarup Group and NAFED entered into a conspiracy to create forged documents to get financial assistance from NAFED, to use the forged documents as genuine documents, to commit the criminal breach of trust in respect of the property of NAFED, and to retain the property of NAFED dishonestly knowing that it was stolen property and further conspired to commit forgery in order to commit offence of cheating.
(3.) At the outset it may be mentioned here that NAFED was registered under Multi-state Cooperative Societies Act. It was set up with an object to promote cooperative marketing of agricultural produce to benefit the farmers. The agricultural farmers are the main members of the NAFED. It is the case of the prosecution that the NAFED was not supposed to enter into tie-up business and to provide financial assistance for promoting any non agricultural produce.;