- (1.) This petition under section 482 of the Code of Criminal Procedure filed by M/s. Mittal Agro Food Pvt. Ltd. and three others praying for quashing of the M. P. Case No. 119 of 2010 on the ground that the petitioner Nos. 2, 3 and 4 are not connected in any manner with the alleged offences and continuation of the proceeding against them would be amounting to abuse of the process of Court and gross miscarriage of justice.
(2.) Smt. Joyasree Dutta, Chairman, Punnya Bhumi Cooperative Housing Society Limited, filed a petition of complaint in the Court of learned Additional Chief Judicial Magistrate at Bidhannagar, which was registered as M. P. Case No. 119 of 2010 and prayed for referring the same to the police station concerned to treat the same as First Information Report and start investigation and report. It was alleged therein that M/s. Mittal Agro Food Pvt. Ltd. (hereinafter referred to as "the petitioner No. 1"), filed one dispute case, being Dispute Case No. 657 KMAH of 2009, before the learned Arbitrator, Office of the Deputy Registrar of Co-operative Societies, Kolkata Metropolitan Area Housing for recovery of Rs. 4,80,00,000/- together with interest at the rate of 18% p. a. with effect from 31.12.2007 till recovery against Punnaya Bhumi Cooperative Housing Society Ltd. In that case the petitioner No. 1 herein was represented by accused No. 1, Anup Chatterjee, the Managing Director and filed an "affidavit of evidence of plaintiff's witness" along with photo copies of documents, to be marked as exhibits, in a separate "list of documents filed on behalf of the plaintiff'. Upon perusal of the said affidavit along with documents filed, the office bearers of the Punnaya Bhumi Co-operative Housing Society found that two documents, i. e. , (1) letter dated 25.12.2006 issued by the defendant society for additional work along with notice dated 13.1.2007 and (2) letter dated 10.12.2008 issued by the defendant society with an undertaking to pay a sum of Rs. 4,80,00,000/-are manufactured, forged and prepared in order to convert the same for their wrongful gain and causing wrongful loss to the co-operative society. Since the accused persons, i. e. , Managing Director Mr. Anup Chatterjee, Directors Mrs. Mitali Chatterjee and Mr. Pranab Chatterjee, conjointly prepared and manufactured those documents with dishonest intention for wrongful gain, they violated offences under section 465/ 467/ 468/ 471/ 120B of the Indian Penal Code. The learned Additional Judicial Magistrate, Bidhannagar, referred the said petition of complaint to the concerned police station for treating the same as First Information Report and investigate into the matter. The investigation into the case is going on the basis of the said First Information Report, which has been registered as Bidhannagar South Police Station Case No. 66 dated 13.5.2010 against (1) Mr. Anup Chatterjee, (2) Mrs. Mitali Chatterjee, (3) Mr. Pranab Chatterjee and (4) M/s. Mittal Agro Food Pvt. Ltd. , the petitioners herein.
(3.) This petition has been filed by Mr. Anup Chatterjee, Mrs. Mitali Chatterjee, Mr. Pranab Chatterjee and M/s. Mittal Agro Food Pvt. Ltd. for quashing of the entire proceeding on the ground that no offence, prima facie, is made out within the four corners of the petition of complaint against them under the offences alleged. Even if the face value of all the above aspersions, so made out in the petition of complaint, are accepted in their entirety, does not, prima facie, constitute any offence or make out a case against them. Therefore, this proceeding should not be allowed to be continued, otherwise it would be amounting to abuse of the process of Court.;