AZIM HASHMI PREMJI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Smt. Rajnandini Mohanta, Proprietress of M/s. P & R Services, lodged a complaint against Wipro Ltd. through its Company Secretary and other officers of said company being complaint case No.C1670 of 2012 in the Court of learned CJM 24 Pgs. (South) at Alipore praying for issuing of process against those accused persons under Section 406/420/120B of the Indian Penal Code. Said complaint was transferred to the Court of learned Judicial Magistrate 7th Court, Alipore for disposal according to law. Learned Magistrate after examination of the complainant and another witness under Section 200 of the Code of Criminal Procedure, issued process under Section 420/120B I. P.C. against the accused persons vide order dated 4th April, 2012.

(2.) Azim Hashmi Premji being chairman of Wipro Ltd. and accused No.3 of said complaint filed a revisional application being CRR No.2037 of 2012 praying for quashing of said criminal proceeding arising out of CR Case No.1607 of 2012 under Section 482 of the Code of Criminal Procedure, 1973.

(3.) Other accused persons also filed a similar application under Section 482 of the Code of Civil Procedure , 1973 being C.R.R. No.2038 of 2012 praying for quashing of said criminal proceeding. As both the applications arose out of same criminal proceeding and order of issuing process and the allegations against the par- ties were almost same, both the revisional applications were taken up for analogous hearing. The allegation of the complainant (O.P. No.2) in said criminal case may be summarized as follows:-