- (1.) LEAVE granted.
(2.) AKHIL Bhartiya Karamchari Sangh filed Writ Petition No. 2094 of 1999 in the rajasthan High Court alleging that Bangur Group ("bangurs" for short) was responsible for siphoning off funds of the Bank of Rajasthan ("bor" for short ). As per the order dated 27. 9. 99, the CBI registered a preliminary enquiry. This was on 25. 10. 99. CBI submitted Interim Reports between 28. 3. 00 and 14. 7. 00. On 11. 12. 00, cbi submitted its Final Enquiry Report. Vide order dated 27. 4. 01 the Single Judge directed BOR to file criminal complaints. Against the said order dated 27. 4. 01, bor filed special appeal before the Division Bench of Rajasthan High Court saying that since CBI had enquired into the whole matter it (i. e. CBI) should alone be directed to continue with the investigation. Vide Order dated 31. 5. 02, the Division bench directed CBI to continue with the investigation. Pursuant to the said order dated 31. 5. 02 CBI registered sixteen cases and filed charge sheets as per details given below: JUDGEMENT_6571_AIR(SCW)_2007Html1.htm In the meantime, one Navneet Baheti buys 500 shares of BOR during the period between 13. 7. 01 and 20. 7. 01. : On complaint being filed by Navneet Baheti under Section 156 (3) Cr. P. C, the chief Judicial Magistrate, Alipore, vide order dated 23. 7. 01, directed the officer-in-charge of Alipore Police Station to register and investigate under Sections 156 (3)Cr. P. C. after treating his complaint as FIR. Accordingly, on 25. 7. 01 Alipore Police station registered FIR No. 138 of 2001 against Bangurs under Section 120b, 406, 409, 420, 467, 468, 471 and 477a IPC. On 24. 9. 2001 BOR filed Writ Petition no. 14491/2001 in Calcutta High Court challenging the registration of FIR No. 138 of 2001. On 25. 9. 01 Navneet Baheti also filed Writ Petition No. 14538/2001 in calcutta High Court praying for expedition of the investigations by the State Police. In the meantime on 27. 9. 01 Bangurs filed an affidavit before the Division Bench of rajasthan High Court in Special Appeal No. 333 of 2001 in which they contended that since Alipore Police station had registered FIR No. 138 of 2001 on 25. 7. 01, information Report registered by CBI on 31. 5. 02 did not constitute an FIR in law. They accordingly prayed for the discontinuance of the process in the hands of CBI.
(3.) BY order dated 3. 10. 01 in W. P. No. 14491 of 2001 the Calcutta High Court directed the Alipore Police Station to proceed with the investigations in FIR No. 138/ 01 in accordance with law. On 28. 11. 01 Bangurs filed an application before the Rajasthan High Court in writ Petition No. 2094/99 in which they contended that in view of FIR No. 138/01 filed in Alipore Police Station, Calcutta, the directions passed by the single Judge for investigations by CBI be set aside. That, the said Writ Petition No. 2094/99 filed by the Akhil Bhartiya Karamchari Sangh be dismissed accordingly.;