- (1.) An order dated 22.4.2009 passed by the learned Judge-in-charge, 3rd Special Court, Kolkata in Special case no. 14 of 2008 has raised confusion galore the Bar. On the one hand, the correctness, legality and validity of the order has been challenged under Section 401 of Cr.P.C. and on the other hand, the entire proceeding in Special Case no. 14 of 2008 has been asked to be quashed. The question, to be stated preciously, which has been raised is whether this Court by invoking its extraordinary inherent power under Section 482 of the Code can quash a Criminal proceeding wherein a prima facie non-compoundable offence is made out by the Investigating Agency when the actual aggrieved person has intended not to proceed with the criminal action any further.
(2.) The said question arises on the following factual matrix.
(3.) On the basis of a source information, a case CBI/SPE/BS & FC/RC BSK 204 dated 17.12.2004 was registered against Mihir kanti Mazumdar, the then Branch Manager, UCO Bank, Beck Bagan Branch, Calcutta (2) Anup Mukherjee, the then Chief Officer(Credit), Regional Office, UCO Bank, Kolkata. 3) Pankaj Shah, 4) Sarat Kobi, 5) Ravi Kataruka, 6) Manoj Todi, 7) Subhasish Ghosh, 8) Anuj Agarwal(petitioner no. 1)9) Umesh Chandra Agarwal (petitioner no. 2), 10) Baidyanath Goswami & Ors. Under Sections 420,467,468,471/120 B of the IPC read with Section 13(2) and 13(1) (d) of the Prevention of Corruption Act.;