- (1.) As the learned Advocates for both the parties submitted that the subject -matter of CRR No. 2516 of 2008; CRR No. 2517 of 2008; CRR No. 2518 of 2008 and CRR No. 2520 of 2008 are same, so, by a common judgment, all the matters are taken up for disposal.
(2.) An application under Section 482 of the Code of Criminal Procedure, 1973 was lodged for quashing of the proceedings of case No. C -1284/2008 under Section 500 IPC pending before the Court of learned JM, 9th Court, Alipore. The short background of the case is that the petitioner No. 2 is the Managing Director of the company viz. Pataka Industries Pvt. Ltd. having its office at Trimurthi Apartment, 4th Floor, 97, Park Street, Kolkata -700016 while the petitioner No. 1 is a company incorporated under the Companies Act, 1956 having its office at 13B, Balu Hakkak Lane, P.S. Karaya, Kolkata -700017. The case No. C -1284/2008 had been instituted on the basis of the complaint filed by the Opposite Party No. 2 before the Court of learned CJM, South 24 Parganas, Alipore inter alia alleging commission of offence by the petitioners punishable under Section 500 IPC. The allegations leveled in the compliant are i) the Opposite Party No. 2 is an IPS Officer and hold an important and respectable position in the society being posted as the DIG, Police, Home Guards, W.B.; ii) having faith and respect in complainant, the Opposite Party No. 2 and his wife, in the year, 2004, a large number of people of the ancestral home in a village of Gazipur, U.P. had given cash in trust to the Opposite Party No. 2 for purchase of land at Rajarhat, Kolkata. The Opposite Party and his wife contacted the land broker Abdur Rahim Gazi for purchasing land. He was given cash of Rs. 1,02,50,000/ - by the wife of the Opposite Party No. 2. The said money was given to him in different installments between 25.2.2004 to 1.9.2004 in good faith and trust. All such payments were recorded by the Opposite Party No. 2 in his diary. However, the said Abdur Rahim Gazi in collusion with the accused persons fraudulently used the said sum of Rs. 1,02,50,000/ - for purchasing 76 bighas of land in the name of three companies viz. accused 4, 5 and 6. The said Gazi alongwith the six accused persons in collusion with each other had fraudulently and dishonestly used the said amount of money for purchasing 70 bighas of land for Rs. 69,70,425/ - in the name of the accused No. 4, 5 and 6 and misappropriated the balanced amount of Rs. 57,50,000/ -. In the month of September, 2007, the Opposite Party No. 2 filed a complaint being case No. 8738 of 2007 before the learned JM, 9th Court, Alipore against cheating and fraud committed by the accused persons. The learned Magistrate transferred the case to the court of learned Judicial Magistrate, 8th Court, Alipore for enquiry. The learned Judicial Magistrate, 8th Court, Alipore issued summons to stand trial against the accused persons for offence punishable under Section 420/406/120B IPC. They were enlarged on bail. The Opposite Party No. 2 and his wife also filed a civil suit before the court of 7th Civil Judge, Senior Div., Alipore being T.S. No. 994 of 2007 against the accused persons including Gazi. Status quo order was passed.
(3.) Suppressing the material facts, the accused persons filed an application under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Criminal Procedure before the court of learned Civil Judge, Jr. Div., 6th Court, Alipore in T.S. No. 325/08. The letters/documents put in the annexure are defamatory to Opposite Party No. 2. The letter dated 3.3.2005 written in Bengali by the accused No. 1 to the Hon'ble Chief Minister, W.B. contained defamatory allegations against Opposite Party No. 2. The letter dated 25.5.2005 written by the company of the petitioner No. 2 to the Member Secretary, Home Department, Govt. of W.B. contained the following defamatory allegations: "... I ascertained that despite the fact that the company had paid Akbar Ali Khan, DIG an amount of Rupees One crore sixty lacs he had only made over an amount of Rupees One crore Two lacs fifty thousand to Abdur Rahim Gazi for the purchase of land. He refused to handover 72 IGRs of the land purchased for Nishka Properties and Eureka Properties which was handed over to him by Abdur Rahim Gazi. Akbar Ali Khan also sent a note to our Chairman advising him against lodging any complaint against him. It would be evident from the above that Shri Akbar Ali Khan, DIG had illegally retained an amount of Rupees fifty seven lacs fifty thousand of money belonging to our company, for his personal use, alongwith the IGRs of the lands that have been purchased for the company.;