A.P.Srivastava, J. - (1.) This is an application under Section 561-A, Cr. P. C. The prayer is that two orders, one passed by the opposite party No. 4 on 24-10-1958 under Section 550 Cr. P. C. and the other passed by the opposite party No. 2 on 31-10-1958 under Section 95 Cr. P. C., be quashed.
(2.) The applicant is a limited company known as Textile Traders Syndicate Ltd., Bulandshahr, and has filed the application through Sri K.L. Sharma, its Managing Director. The district authorities suspected that the applicant company was a bogus company and that certain offences punishable under Sections 420 and 406 I. P. C. had been committed in connection with it by its Managing Director Sri K. L. Sharma. Sri Dwarka Singh opposite party No. 4, detective inspector of the C.I.D. Investigating Branch was therefore authorised to investigate the matter. He started investigation and found that an account had been opened in the name of the company with the Punjab National Bank of Bulandshahr. He reported to the District Magistrate that certain parcels, letters and money-orders had been received and were being received by the post office at Bulandshahr in the name of the company which were required in connection with the investigation that he was carrying out. On 28-5-1958 the District Magistrate passed an order under Section 95 of the Cr. P. C., but that order was quashed in part by this Court on 16-10-1958. Soon after that on 31-10-1958 the opposite party No. 2 passed an order which reads thus: "Whereas an investigation for offences under Sections 420/406 I. P. C. is being carried out by Sri Dwarka Singh, Detective Inspector, C. I. D., Investigation Branch, Agra, against the firms M/s Textile Traders Syndicate. Bulandshahr and New Saraswati Sugar Mills, Bulandshahr which are reported to be bogus firms and whereas letters and parcels etc. have been and are being received in your office (office of the Post Master, Bulandshahr) addressed to the aforesaid firms and offences have been and are being committed in respect of the same and whereas in my opinion sudi letters and parcels etc., are necessary and are wanted for the purposes of the aforesaid investigation. I, S.N. Mehrotra, I. A. S. District Magistrate, Bulandshahr therefore, hereby order you (Post Master, Bulandshahr) under Section 95(i) Cr. P. C., to deliver such letters and parcels etc. to the aforesaid Sri Dwarka Singh for the purpose of the aforesaid investigation. My order under Section 95 Cr. P. C. dated 28-3-58 on the subject is hereby cancelled."
(3.) On 24-10-1958 the opposite party No. 4 Sri Dwarka Singh addressed an order under Section 550 of the Cr. P. C. to the Manager Punjab National Bank, Bulandshahr, which reads thus: "In connection with the investigation of Cr. Case No. 148 of 1958 under Sections 420/406 I. P. C. of P.S. Kotwali, Bulandshahr which is pending with me it has been found that a current account in the name of M/s Textile Traders Syndicate Ltd., Bulandshahr is lying in your bank. The investigation has revealed that the above mentioned firm is bogus and the amount to its credit in your bank hag been earned by committing offences of cheating etc. I would inform you that the amount to the credit of the above mentioned firm has been seized by me under S, 550 of the Cr. P. C. and it should not be paid to any person till further orders.";