CBI Vs. BLUE SKY TIE UP PVT LTD

JUDGEMENT

(1.) This appeal is directed against order dated 23.7.2002 passed by the learned Single Judge of the Calcutta High Court whereby he partly allowed the application filed by Respondent Nos. 1 to 3 under Section 482 of the Code of Criminal Procedure and quashed the proceedings of Special Case No. 6 of 1999 qua Respondent No. 1.

(2.) A perusal of the record shows that Appellant-CBI registered case No. RC5(E)/97/CBI/BS&FC/DLI dated 19.5.1997 for offences under Sections 120B/409/477A of the Indian Penal Code and under Section 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988. After conducting investigation, the Appellant filed six charge-sheets bearing Special Case Nos. 4/99,5/99,6/99,7/99,8/99 and 9/99 in 1st Special Court, Alipore, 24,Paragana(South), Kolkata against M/s S.R. Ramamani, S/Shri Deepak Kumar Choudhary, Shyamal Bhattacharya, S.K. Aggarwal, Arun Kumar Singhania, Respondent No. 1.-M/s Blue Sky Tie-up Pvt. Ltd., Ranbir Kumar Ghosh, Imtiaz Rashid and Arunabha Mitra.

(3.) On being noticed, Respondent Nos. 1 to 3 filed an application under Section 482 Code of Criminal Procedure for quashing the proceedings of Special Case No. 6 of 1999 by claiming that they had not committed any offence. The learned Single Judge partly allowed the application and quashed the proceedings insofar as Respondent No. 1 is concerned. He did so on the premise that the entire money due to the complainant has been paid and the company being a body corporate cannot be prosecuted.