KULADHAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Goswami, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for respondent No.1. Page No.# 2/4

(2.) This petition is filed under Section 482 of Cr.P.C. praying for quashing the Charge Sheet No.08/2015 dated 31.03.2018 submitted in connection with Rangapara P.S. 106/2007 under Sections 409/420 of IPC corresponding to GR Case No.983/2007 and the proceeding therein so far relates to the petitioner pending before the Court of Additional Chief Judicial Magistrate, Sonitpur, Tezpur, Assam.

(3.) The brief fact of the case of the petitioner is that on 08.06.2007, one Sri Bhabananda Ray, Secretary of Communist Party India (Marxist), Rangapara Local Committee filed an ejahar before the Officer-in-charge, Rangapara Police Station against the petitioner and others alleging that the petitioner and other Managers of ASCARD Bank, Rangapara Branch along with the Bank Staff and many others collectively induced the people of Rangapara area and by cheating and compelled them to open accounts with the ASCARD Bank, Rangapara Branch. It is stated that under their influence, about 4/5 thousand people opened their accounts in the said Rangapara Branch of ASCAD Bank and deposited thousands of rupees and thereafter the Bank authority locked up the Bank on 31st March, 2006 and fled away from Rangapara. It is further stated that in order to take action against the Bank authority a general meeting of the account holders of ASCARD Bank, Rangapara Branch was held at Rangapara Namghar under the Presidentship of Md. Shahjahan Ansari on 29th May, 2007 where more than 500 account holders were present. In the meeting, the subscribers unanimously entrusted the responsibility on the local Committee of Communist Party (Marxist) to take appropriate action against the cheaters. Thereafter, on behalf of more than thousand subscribers, the ejahar was filed by the Rangapara Committee of Communist Party (Marxist) to take action against the deceitful authority of the ASCARD bank, Rangapara Branch.