(1.) The petitioner being the accused persons in connection with Complaint Case No.CN-809 of 2021 under Ss. 417/418/419/420/465/468/469/506/509 read with Sec. 120B of the IPC presently pending before the learned Metropolitan Magistrate, 19th Court at Calcutta have challenged the order dtd. 4/9/2021 of taking cognizance in respect of the above mentioned offences by the learned Additional Chief Metropolitan Magistrate, Calcutta and order dtd. 22/9/2021 passed by the learned Metropolitan Magistrate, 19th Court, Calcutta issuing process against the petitioners under Sec. 204 of the IPC.
(2.) Indisputably, the petitioners are the functionaries of Central Mechanical Engineering Research Institute (CMERI), an unit of Council for Scientific and Industrial Research (CSIR). At the outset, it would be prudent to mention that CSIR is a Society, registered under the Societies Registration Act, 1860 having Administrative Control of the Department of Scientific and Industrial Research (DSIR), Ministry of Science and Technology, Government of India. The petitioner No.1 is the Director of CSIR-CMERI, Durgapur and the petitioner No.2 is an ex-employee working as Administrative Officer in the said institute at Durgapur.
(3.) The opposite party No.2 is a Senior Scientist posted at CSIR-CMERI, Durgapur. The opposite party No.2 lodged a court compliant before the learned Additional Chief Metropolitan Magistrate, Calcutta which gave rise to Case No.CN-809 of 2021. Salient points of grievances depicted in the complaint by the opposite party No.2 are as follows:-
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