LAWS(MAD)-2017-12-226

ARIJIT BAGCHI Vs. STATE

Decided On December 15, 2017
Arijit Bagchi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) These Criminal Original Petitions have been filed by the Officials of Indian Rare Earths Limited [hereinafter referred to as 'IREL'], which was incorporated on August 18, 1950, with its first unit - Rare Earths Division (RED), Aluva, in Kerala. It became a full-fledged Government of India Undertaking under the administrative control of Department of Atomic Energy (DAE) in year 1963 and has taken over several companies, engaged in mining and separation of beach sand minerals in southern part of the country, by establishing two more Divisions, one at Chavara, Kerala and the other at Manavalakurichi (MK), Tamil Nadu.

(2.) For the sake of convenience, the petitioners, who are arrayed as accused in C.C.No.449 of 2004, P.R.C.No.12 of 2005 and C.C.No.450 of 2004 respectively and were working under different levels in IREL are hereinafter referred to as 'the Accused', the first respondent/Law Enforcing Agency are hereinafter referred to as 'the State' and the second respondent/de-facto complainants are hereinafter referred to as 'the complainants'.

(3.) Crl.O.P.(Md)No.1883 of 2005 has been filed by the petitioners/A2 to A4 [Crime No.461 of 2004 and C.C.No.449 of 2004], viz., (i) Arijit Bagchi, who was working as Deputy General Manager (Mining) and relieved from service on 31.03.2005 under Voluntary Retirement Scheme; (ii) G.S.Ravikumar, who was working as Senior Officer (Mines Survey) and relieved from service on 29.03.2004 under Voluntary Retirement Scheme; and (iii)T.Sreenivasaghan, who was working as Senior Manager (Mining) and relieved from service on 08.12.2014 on resignation, seeking quash of the proceedings in C.C.No.449 of 2004 on the file of the Principal District Munsif-cum-Judicial Magistrate Court, Eraniel.