KAMALA CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court is approached under Section 482 of the Code of Criminal Procedure for quashing of an investigation, now being undertaken by the Anti Corruption Branch Police Station, West Bengal under the provisions of Prevention of Corruption Act together with Indian Penal Code on the allegation of alleged misappropriation of the government fund, worth of Rs.93 lakhs, released for the work of 3000 family type bio-gas plant in Bihar, under the National Bio-Gas Manure Management Programme (NBMMP) in the year 2011-12 undertaken by West Bengal Renewable Energy Development Agency (WBREDA).

(2.) Learned advocate, Mr. Tapan Dutta Gupta, representing the petitioner submitted that his client, who is the Secretary of Nawapara, Laxmi Narayan Khadi- O- Gramonnayan Mahila Sanstha, had been falsely implicated in this case in absence of her any overt act being performed to the alleged commission of crime. Mr. Dutta Gupta drawing attention of the court to a memo, dated 16.05.2011, addressed to the petitioner, issued by the Directorate of WBREDA, (being annexure 'A' to the instant revisional application), submitted that some of the equipment pertaining to family type gas plants installation were proposed to be supplied by the authorized outlets, selected by WBREDA for the purpose, without which the proposed installation work could not be done. Making further reference to a memo, dated 19.11.14, addressed to the petitioner, issued from WBREDA (being annexure 'B' to the revisional application). Mr. Dutta Gupta contended that since WBREDA intimated by its letter dated 19.11.2014, to the petitioner that WBREDA would not provide any hardware and accessories for the bio-gas stove of bio-gas plant, the petitioner had to face difficulty to finish the proposed work causing appropriate installation for the purpose. Correspondence was then taken out to the authority concerned of WBREDA for redressal, at the instance of the petitioner, so that the proposed project could be finished, but all in vain, learned advocate for the petitioner argued.

(3.) Taking such grounds Mr. Dutta Gupta persuaded the court to believe that petitioner had no role to the alleged misappropriation of the government fund and thus petitioner has been falsely implicated in this case.