SHATARUPA GHOSH @ SHATARUPA BRAHMA Vs. STATE

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the proceedings being CBI RC 04/S/2014 pending before the Learned Additional Chief Judicial Magistrate, Alipore, South 24-Parganas, arising out of CBI/SCB/Kolkata Case No. RC 4/S/2014 dated 4.6.2014 under Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for short, 'the PCMC Act), read with Sections 120B/420/409 of the Indian Penal Code, in so far as the same relates to the petitioners.

(2.) The learned Counsel appearing for the petitioners submitted that the dealing between the petitioners and the Saradha Group of Companies was at arm 's length. The petitioners had no idea as regards the source of the funds that Sudipta Sen promised to invest in P2. There was a commercial arrangement between the petitioners and the Saradha Group of Companies, whereunder the petitioners were to promote the business and image of the Saradha Group of Companies. The petitioners were never aware that such companies were indulging in any unlawful activity.

(3.) Learned Counsel submitted that even taking the allegations in the FIR or charge sheet at their face value, the same do not disclose the ingredients of Sections 420, 406, 409, 120B of the IPC or Section 4 of the PCMC Act.