JUDGEMENT
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(1.) ONE F.I.R. ---- ONE INVESTIGATION --- TWO CHARGE-SHEETS AND
THAT TOO FILED IN TWO DIFFERENT COURTS AT DIFFERENT PLACES -
--- IS REALLY UNHEARD OF. Mr. Himangshu De, learned Counsel on
behalf of the opposite party no. 2, CBI failed to explain the situation.
(2.) Pradip Kumar Das, General Manager, UCO Bank, Zonal Office, Kolkata
lodged one FIR with CBI against Ajoy Kumar Bayen, Managing Director of
M/S. Nivediata Diagnostic Research Hospital Pvt. Ltd., Sumanta Sen,
Proprietor of M/s. Medico Electronics, D. Mukherjee, the Branch Manager,
Kankurgachi UCO Bank, R. N. Majumder, the then Branch Manager
Kankurgachi UCO Bank, Kolkata, Shri Ghosh, the then Deputy General
Manager, UCO Bank Regional Office, Kolkata and others alleging therein
that they in connivance with each other defrauded the Bank and thereby
caused wrongful loss of the Bank to the tune of Rs. 5,27,68,900/-. The
case was investigated into by the CBI but it filed two charge-sheets -- one
in Alipore Court and another in Sealdah Court. The charge-sheet which
was filed in the Sealdah Court ended as :
(3.) During investigation criminality on the part of accused public servants or
Shri Sumanta Sen, Proprietor of M/S. Medico Electronics could not be
found in the matter relating to M/s. Nivedita Diagnostic & Research
Hospital (P) Ltd. and hence, there names have been incorporated under
column 2 of this charge-sheet. A separate Charge-sheet has been
submitted before the learned Special Judge, CBI, 1st
Court, Alipore,
Kolkata on the other allegations in the FIR, related with M/s. Nivedita
Advance Medical Institute and M/s. Medico Electronics.;
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