- (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 filed at the instance of one Saroj Kumar Sarkar and another seeking to quash the proceeding being Special case No. 1 of 1998 under Sections 468/406/408/420/120B/471/472 and/ 477A of the Indian Penal Code arising out of Jagatballavpur P.S. Case No. 68 dated 14.8.93 presently pending before the Court of the Learned 1st Additional District & Sessions Judge, Howrah. The short facts leading to the filing of this Revisional application are as follows :
(2.) On the basis of a complaint lodged by one Sanjit Bose before the Court of Learned Chief Judicial Magistrate, Howrah under Section 156(3) of the Code of Criminal Procedure and in consequence thereof Jagatballavpur P.S. Case No. 68 of 1993 was started under Section 468/420/120B/409/471/472/477A of the Indian Penal Code against the present petitioners and another.
(3.) It was alleged in the petition of complaint that the de facto complainant had entered into an agreement with one Sambhu Chakraborty to be his agent for carrying out contractual work of West Bengal State Electricity Board in Howrah District and authorised him to perform three lots of works, but the aforesaid Sambhu Chakraborty did not submit proper accounts to the de facto complainant, then the de facto complainant informed the WBSEB not to issue any work to said Chakraborty, but the WBSEB Authority handed over four other lots to the said Chakraborty in the name of M/s Electrical Construction and Equipment Co. the de facto complainant is the proprietor of the said company) and by using the letter head of tile de facto complainant's company and without the knowledge or consent of the de facto complainant, drew the materials from the SEB and started the work, and the West Bengal State Electricity Board has written to the defacto complainant claiming a return of Rs. 1,92,000/-. It has been alleged by the petitioners that petitioner No. 1 was a retired employee of West Bengal State Electricity Board and retired as a Superintendent Engineer 'A' posted at Howrah and petitioner No. 2 is still working under WBSEB as Assistant Engineer, Ranaghat Electricity Supply Sub- Division, Ranaghat, and both of them are completely innocent and in no way connected with the offence and they have been falsely implicated in the instant case totally out of grudge and the instant application has been filed against them with an ulterior motive to harass them.;