KABITA GHOSH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Cr.P.C. for quashing of criminal proceedings and summoning order dtd. 17/1/2020 passed by the Ld. Special Judge (PC Act), CBI, RACC/New Delhi in CBI case No.412/2019 titled as CBI Versus Chanchal Ghosh and Others under Sec. 120B IPC read with Ss. 420/465/471 IPC and under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 pending before the Special Judge, CBI.

(2.) The facts as relevant for the disposal of this case are that various persons were found to have defrauded the Corporation Bank, Vasant Vihar branch, New Delhi. A chargesheet was filed against seven accused persons but the petitioners were shown in column No.12. The learned Special Judge, vide the impugned order dtd. 17/1/2020, summoned all the seven accused persons including the petitioners to face trial.

(3.) Mr. Atul Jha, learned counsel for the petitioners submitted that the petitioners were not involved in the day-to-day functioning of the company, M/s Unitrack Logistics Private Limited, of which they were no doubt, the named directors, but in actual fact, they were housewives and, therefore, there being no grounds to summon them in a conspiracy of accused Mr. Chanchal Ghosh, with the accused bank officials to siphon off funds from the bank, they ought not to be subjected to the torment of a trial. It was submitted that when the chargesheet had named them as unsummoned accused, specific reasons ought to have been given by the learned Trial Court before summoning the petitioners, whereas no such reasons were given. Reliance has been placed on the judgments of the Supreme Court in Shiv Kumar Jatia v. State (NCT of Delhi), (2019) 17 SCC 193 and Sunil Bharti Mittal v. CBI, (2015) 4 SCC 609 in this regard. It was therefore submitted that the impugned order was liable to be set aside.