KELEBALA SAMABAY KRISHI UNNAYAN SAMITY LTD Vs. STATE OF WEST BENGAL
LAWS(CAL)-2011-9-72
HIGH COURT OF CALCUTTA
Decided on September 14,2011

Kelebala Samabay Krishi Unnayan Samity Ltd Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

TAPEN SEN,J. - (1.) In this case, the Petitioners have prayed for an Order commanding upon the Respondents to withdraw and cancel the Complaint on the basis whereof Bankura P.S. case No. 200 of 2006 dated 31.8.2006 under Sections 406, 409, 420 and 120B of the I.P.C. was initiated against the Petitioner Nos. 1,3 5 and 7 as well as against their office bearers. The Petitioners have further prayed for an Order restraining the Respondents from proceeding with the aforesaid Bankura Police Station case No. 200 of 2006 against the Petitioners and their office bearers. The Petitioners have also prayed for an Order commanding upon the Respondent No. 5 (Inspector), Enforcement Branch, Bhabani Bhavan, Alipore) to release the seized articles and/or documents which were so seized vide Seizure List dated 30.8.2006. The Petitioners have also prayed for consequential reliefs including stay of the operation of the FIR being Bankura Police Station case No. 200 of 2006 = G.R. case No. 570 of 2006 pending before the learned Chief Judicial Magistrate, Bankura on the ground that the F.I.R. is wholly without any authority as the Police authorities lacked the jurisdiction to conduct the search and the seizure.
(2.) The Petitioner Nos. 1,3, 5 and 7 are cooperative Societies registered under the West Bengal Cooperative Societies Act, 1983 having their respective registered offices as mentioned in the cause title of the Writ Petition. The Petitioner Nos. 2,4 and 8 are the Secretaries of the Petitioner Nos. 1,3 and 7. The Petitioner No. 6 is the Manager of the Petitioner No. 5. The Petitioner Nos. 2,4,6 and 8 carry on their business through the Petitioner Nos. 1,3,5 and 7 respectively.
(3.) The Petitioner Nos. 1, 3, 5 and 7 are affiliated to The West Bengal State Consumers Cooperative Federation Limited (CONFED for short)-Respondent No. 8. CONFED is a State Cooperative Union.;


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