NARESH CHANDRA JOARDA AND PARTHA SARATHI ROYCHOUDHURY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2003-11-53
HIGH COURT OF CALCUTTA
Decided on November 28,2003

NARESH CHANDRA JOARDA, PARTHA SARATHI ROYCHOUDHURY Appellant
VERSUS
STATE OF WEST BENGAL Respondents





Cited Judgements :-

SUBIR KUMAR BASU VS. STATE [LAWS(CAL)-2006-1-18] [REFERRED TO]


JUDGEMENT

Rajendra Nath Sinha, J. - (1.)These two applications are under section 482 of the Criminal Procedure Code filed by the petitioners respectively seeking to quash the proceeding including the FIR being Siliguri P. S. Case Nos. 24(4)85 dated 10.04.85 under section 161/165A of the Indian Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (G. R. Nos. 292/85 and 294/85 respectively).
(2.)Petitione in this petition was at the appointed time a Junior Accountant of the W. B. Essential Commodities Corporation at Siliguri. The petitioner in the other application (CRR 2333/99) had been working as Branch Manager, West Bengal Essential Supplies Commodities Corporation Ltd., Siliguri Branch since 26.11.1979. On 10.4.1985 one Sri G. Ghosh, Personal Manager, West Bengal Essential Commodities Supply Corporation Ltd. (hereinafter referred to as WBECSC Ltd), a Government of West Bengal undertaking, lodged a written complaint registered as Siliguri P. S. case as stated above.
(3.)The allegation contained in the FIR in short is that the petitioner was posted at Siliguri since 26.11.1979. He together with the other accused Pradip Kumar Saha acted as handling-cum-storing agent for edible oil as per agreement under the Corporation for some years. Pradip Saha, accused No. 2 in the aforesaid case, was carrying on a business under the trade name of M/s. P. K. Traders. After termination of his agreement with the Corporation he still continued to be handling-cum-storing agent under the Corporation by virtue of an interim order of the Hon'ble Apex Court. The petitioner was supposed to supervise the work of the said Pradip Kumar Saha.
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