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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