GOUTAM GHOSHAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ONE F.I.R. ---- ONE INVESTIGATION --- TWO CHARGE-SHEETS AND THAT TOO FILED IN TWO DIFFERENT COURTS AT DIFFERENT PLACES - --- IS REALLY UNHEARD OF. Mr. Himangshu De, learned Counsel on behalf of the opposite party no. 2, CBI failed to explain the situation.

(2.) Pradip Kumar Das, General Manager, UCO Bank, Zonal Office, Kolkata lodged one FIR with CBI against Ajoy Kumar Bayen, Managing Director of M/S. Nivediata Diagnostic Research Hospital Pvt. Ltd., Sumanta Sen, Proprietor of M/s. Medico Electronics, D. Mukherjee, the Branch Manager, Kankurgachi UCO Bank, R. N. Majumder, the then Branch Manager Kankurgachi UCO Bank, Kolkata, Shri Ghosh, the then Deputy General Manager, UCO Bank Regional Office, Kolkata and others alleging therein that they in connivance with each other defrauded the Bank and thereby caused wrongful loss of the Bank to the tune of Rs. 5,27,68,900/-. The case was investigated into by the CBI but it filed two charge-sheets -- one in Alipore Court and another in Sealdah Court. The charge-sheet which was filed in the Sealdah Court ended as :

(3.) During investigation criminality on the part of accused public servants or Shri Sumanta Sen, Proprietor of M/S. Medico Electronics could not be found in the matter relating to M/s. Nivedita Diagnostic & Research Hospital (P) Ltd. and hence, there names have been incorporated under column 2 of this charge-sheet. A separate Charge-sheet has been submitted before the learned Special Judge, CBI, 1st Court, Alipore, Kolkata on the other allegations in the FIR, related with M/s. Nivedita Advance Medical Institute and M/s. Medico Electronics.