JOYMALYA BAGCHI,J. - (1.) In this revisional application, the petitioners have assailed a proceeding in Shakespeare Sarani Police Station Case No. 339 dated September 28, 2015 under Sections 420/465/468/471/120B of the Indian Penal Code. The proceeding is at the stage of investigation.
(2.) Mr. Deepak Prahladka, learned advocate appearing on behalf of the petitioners, submits that the gist of the allegation in the first information report is that documents, which were relied upon by the petitioners in the Company Law Board proceeding were forged. He submits that without resorting to Section 340 of the Code of Criminal Procedure criminal proceeding could not have been instituted by registering a first information report in view of the expres bar under Section 195 of the Code of Criminal Procedure.
(3.) Mr. Prahladka further submits that the learned Magistrate mechanically sent the matter for investigation and the application under Section 156(3) of the Code of Criminal Procedure is, otherwise, not maintainable in law. He also submits that the ingredients in the alleged offences are not disclosed. On the other hand, Mr. Debasish Roy, learned advocate appearing on behalf of the opposite party no. 2, submits that the learned Magistrate sought for an enquiry as to whether the police authorities had acted on the prior complaints of the opposite party no. 2 and thereafter issued a direction under Section 156(3) of the Code of Criminal Procedure.;