Monoranjan Mallick, J. - (1.) All these writ petitions raise common question of law and facts and have been heard analogously on the prayer of both the parties.
(2.) The facts of these cases are common and may be briefly stated as follows:- These petitioners are the Chairman of the Board of Directors of S. & S. Bushings Ltd., now named as S. S. B. Industries Ltd. and other principal officers of the above limited company. Respondent no. 5 of each of the writ petitions being Jagmohan Dalmia the Organising Secretary, World Cup Organising Committee, Cricket Association of Bengal, Eden Gardens, Calcutta filed a petition of complaint under section 156(3) of the Code of Criminal Procedure on 3.6.1988 before the Chief Metropolitan Magistrate, Calcutta under section 406/420/ 120-B read with section 34 of the Indian Penal Code praying for sending the petition of complaint investigated by the Detective Department of Calcutta Police. The learned Chief Metropolitan Magistrate send the said petition of complaint to the Deputy Commissioner of Police, Detective Department for investigation and report. On the basis of the said complaint sent to the Deputy Commissioner of Police, Detective Department, investigation has been started and is proceeding. Each of the petitioners who has been arraigned as accused persons in the above complaint made by Shri Jagmohan Dalmia has filed these writ petitions praying for quashing the investigation. The allegations made by them in each of them being common are stated as follows : The Company of which the petitioners are Managing Director and the Principal Officers manufacturers fibre glass sheets in technical collaboration with one American firm and sells the same throughout the country and there has never been any whisper of complaint from any quarter whatsoever regarding the performance credibility of the products of the said company or in regard to any other matter touching the business of the said company. In or about February 1987 the Cricket Association of Bengal, (hereinafter referred to as CAB) through its Organising Secretary, the Respondent no. 5 undertook the construction and/or renovation of the Eden Gardens and after the survey and estimate placed orders for the fibre glass sheets by his letter dated 15.7.1987 in respect of an area measuring 1,75,000 sq. ft. to 2,00,000 sq. ft. The rate for such supply was settled for materials measuring 2,28,492 sq. ft. at a total price of Rs. 33,48,000/- approximately in the aggregate. A copy of the said letter is annexed as annexure 'A' to each of the writ petitions.
(3.) On or about 17.2.1988 due to stormy winds blowing at a force of 46 K. M. per hour the 'Filen' roofing of the Eden Gardens Stadium was blown off and broke into pieces on contract and after being informed about the said incident representatives of the said company participated along with others in the joint inspection. After such joint inspection minutes were recorded to which the representative of the petitioners was forced to put his signature under threat of police action and the company by its telex message dated 12.3.1988 protested against such forcible obtaining of the signature. Xerox copy of which is annexed as annexure 'B' to each of the petitions.;