- (1.) This matter has been assigned to this Bench. Parties have completed their affidavits. Matter is taken up for final disposal. Having heard Mr. Bholanath Sen with Mr. Bhaskar Sen appearing for the petitioner and the learned counsel for the respondents, it appears that the writ petitioner Poddar Dewki Ltd., a company incorporated under the Companies Act, has filed the present writ petition, praying, inter alia; (a) A writ of and / or an order and/or a direction in the nature of Mandamus commanding the respondents to forthwith draw, cancel, recall and rescind the impugned Case No. RC41/90 dated 24/07/1991 under Ss. 120B, 420, I. P.C. and S. 13(1)(d) read with S. 13(2) of the Prevention of Corruption Act, 1988 and to forbear from giving any effect thereto in any manner whatsoever by themselves or by their servants or agents; (b) A writ of and/ or an order and/or a direction in the nature of Certiorari calling upon the respondents to certify and send up to this Hon'ble Court forthwith the entire records of the proceeding culminating the impugned decision for initiation of the aforesaid CBI Case No. RC 41/90 dated 24/01/1991 and search conducted in connection therewith so that the entire matter may be quashed and consicionable justice may be done; (c) A writ of and / or and order and / or a direction in the nature of Prohibition prohibiting and restraining the respondents and each one of them by themselves or by their servants or agents from in any way taking any action or further action in connection with the aforesaid CBI Case No. RC 41/90 dated 24/01/1991 or taking any step thereunder or concerning the same; (d) Rule NISI in terms of prayers (a), (b) and (c) above. (e) Injunction restraining the respondents by themselves or by their agents from in any way taking any action whatsoever in connection with the aforesaid CBI Case No. RC 41 / 90 dated 24/01/1991 or in connection with the impugned search conducted at the office premises of the petitioner at No. 4, Fairlie Place, Calcutta on 25/01/1991 or in accordance therewith in any manner whatsoever, or concerning the same or conducting any investigation in connection therewith in any manner at all. (f) Ad interim order in terms of prayer (e) above; (g) Such other or further order or orders and / or Rules and / or orders be passed as this Hon'ble Court may seem fit and proper for the purpose of granting complete and efficacious relief to the petitioner.
(2.) The writ petitioner has mainly challenged the proceedings at the instance of the CBI authorities on the basis of the First Information Report that a reliable information was received in the office of the S.P. : CBI : SPE : ACB, Calcutta alleging that during 1987-88, Shri T. Jyothiapandian, Zonal Manager, Indian Bank, Zonal Office, Calcutta; K. Mohan Chandran, Chief Manager, Indian Bank, Calcutta, Main Branch, Calcutta-1, while posted and functioning as above entered into a criminal conspiracy with M/ s. Poddar Dewki Ltd. of 4, Fairlie Place, Calcutta-1 and others unknown in order to cheat Indian Bank and in pursuance of the said criminal conspiracy the accused Bank Officers (A- 1 and A-2) knowing fully well that M/ s. Poddar Dewki Limited were not the rightful owner of the 1st and 2nd floors of the premises 'Mukherjee House' at 17, Brabourne Road, Calcutta- 1 dishonestly and fraudulently managed to pay an advance rent of Rs. 97 lakhs, out of 1,33,80,000/ - since sanctioned towards premises term advance which was disbursed on 30-12-1987 as advance rent of 60 months to M/s. Poddar Dewki Ltd. (A-3) who dishonestly and fraudulently, received the aforesaid amount knowing fully well that they were not the owners of the 1st and 2nd floors of the premises No.17, Brabourne Road, Calcutta-1, or authorised to receive such payment and thereby he caused undue pecuniary benefit to M/ s. Poddar Dewki Ltd. (A-3) and corresponding wrongful loss to the said Bank.
(3.) The aforesaid facts disclose the commission of offence punishable u/Ss.120B/ 420, I.P.C. and 13(1)(d), 13(2) of P.C. Act, 1988 r/w 5(1)(d) and 5(2) of the P.C. Act, 1947.;