- (1.) A petition of complaint was lodged before the Learned Chief Metropolitan Magistrate, Kolkata on 4th October 2010 alleging commission of offences under Sections 379, 403, 411 read with Section 120B of the Indian Penal Code, 1860. The complainant, Birla Corporation Limited (the company), who is the Opposite Party No. 1 in this proceeding arraigned 16 persons as accused in the said complaint and prayer of the complainant was for taking cognizance of offences including those punishable under the provisions of the Indian Penal Code 1860 against the accused persons, for issue of process against them, and for their punishment in accordance with law. Six among the sixteen accused persons are corporate entities and the rest are natural persons.
(2.) The basic allegation of the complainant against the accused persons is in relation to use of copies of certain documents by them pertaining to the operations of the company in different legal proceedings instituted before this Court and the Company Law Board (CLB). The complaint's case is that these documents are confidential and meant to have been kept secret. Those documents, according to the complainant, were kept at the premises of the company, and were not meant to be accessed by the public at large. The accused persons, according to the petition of complaint, have committed the offences of theft and dishonest misappropriation of property and also dishonestly receiving stolen property by illegally obtaining the documents from the custody and control of the company. Before me, the petitioners are all the 16 persons arraigned as accused in the petition of complaint. On 4th October, 2010, the learned Chief Metropolitan Magistrate took cognizance of the offences and transferred the case to the learned Metropolitan Magistrate, 10th Court under Section 192(1) of the Code of Criminal Procedure 1973 for enquiry and disposal. The matter was taken up for hearing again on 6th October, 2010, for examination under Section 200 of the 1973 Code. On that date initial deposition of one Samir Ganguly, representing the complainant was recorded. The learned Magistrate found that some of the accused persons were having their places of residence beyond the territorial jurisdiction of the Court and he opined that the matter required further enquiry under Section 202 of the 1973 Code. On 8th October, 2010, the case was taken up for enquiry under Section 202 of the 1973 Code. Another witness on behalf of the complainant, P.B. Dinesh was examined and his statement was recorded. The learned Magistrate observed in the order passed on that date that "purpose of enquiry seem to have been meted out." Considering the affidavit filed by the complainant and the documents supplied and relied on by the complainant company in support of the case, the learned Magistrate found that sufficient grounds were there for proceeding against all the sixteen accused persons for commission of offences under Sections 380/411/120B of the IPC. Cognizance was taken again by the learned Magistrate and summons were directed to be issued upon the accused persons. In this petition taken out under the provisions of Section 482 of the 1973 Code, the said sixteen accused persons in substance seek quashing of the petition of complaint.
(3.) For the purpose of appreciating the controversy involved in this proceeding in its proper perspective, it is necessary to narrate certain past events and proceedings concerning the dispute between the complainant company and the individuals in management thereof on one side and the accused persons on the other as these events and proceedings have genetic link with the subject complaint case. One Priyamvada Devi Birla (PDB) and her husband Madhav Prasad Birla, (MPB) were in control and management of several corporate entities which are collectively referred to as the M.P. Birla Group of Industries. They also appear to have had created several trusts for undertaking charitable functions.;