SRI RAMAPADA SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE instant revisional application under Section 482 Cr.P.C. has been preferred for quashing the entire proceeding of G.R. Case No. 1548 of 2005 arising out of Memari Police Station Case No. 242 of 2005 under Sections 406/420 IPC now pending before the learned Judicial Magistrate, 5th Court, Burdwan.

(2.) IT is submitted on behalf of the petitioner Ramapada Shaw that on 11.11.2005 one Susanta Kumar Majilla, the District Manager, BENFED, Burdwan Branch under the West Bengal State Cooperative Marketing Federation Limited lodged a complaint against Messrs. Ma Chandi Rice Mill, Jabui, P.S. Memari, District Burdwan and its members namely, Ramapada Shaw (the present petitioner), Shyamapada Show and Muktipada Show alleging, inter alia, that all the partners of the above rice mill have dishonestly misappropriated 23,860.71 quintals of paddy which were entrusted to the aforesaid rice mill between the period from 25.01.2005 to 08.03.2005 which were procured from different cooperative societies of the district under the direction of the District Manager of Milling. The said quantity of paddy was required to be hasked and to deliver the resultant rice thereof to the District Controller (Food & Supplies), Burdwan under the support price scheme of the State Government. According to the complainant the resultant rice of the said entrusted paddy would be 1503.18 Metric Tonne (M.T.) but the mill delivered only 300 M.T. up to August, 2005 and was bound to deliver the remaining quantity of 1203.18 M.T. by September, 2005. The price of the said outstanding quantity of rice would be Rs. 1,12,58,400/-. Several reminders were issued to the said rice mill on several occasions, but to no effect and thus, they misappropriated the price of undelivered huge quantity of rice as aforesaid and thereby also cheated the Government and as such liable for prosecution under Section 406/420 IPC.

(3.) IT is further contended that on 1st December, 2005 the opposite party no. 2 further filed a dispute case before the Assistant Registrar of Cooperative Societies, Burdwan Range-I, District Burdwan for recovery of the alleged sum which has been registered as Dispute Case No. 4 of 2005-06 praying for a direction upon the partners of the said firm either to deliver 1200 M.T. of rice or equivalent price being Rs. 1,12,58,400/- with 9 per cent interest till the date of application and thereafter at the rate of 18 per cent per annum till realisation and to appoint a Receiver for the said rice mill and attach the property of the defendant firm etc. has been finally disposed of by Cooperative Tribunal in the meantime.