ARUMOY BASU THAKUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 the Criminal Procedure Code, 1973 challenges the proceeding of Special Case No. 3 of 1998 in connection with the Park Street Police Station Case No. K/DD/72 dtd. 2/2/1995 under Sec. 120B/420/467/468/471 of the I.P.C. The investigation culminated into submission of charge sheet under Sec. 120B/420/467/468/471 of the I.P.C. read with Sec. 13(1)(d)(ii) of the Prevention of Corruption Act is pending before the learned Special Judge 5thCourt, Calcutta together with all orders passed therein including the order dtd. 30/10/2006.

(2.) Briefly stated, Ms. M.V. Suprabha Menon, Manager (Marketing) and Branch Manager of Rashtriya Ispat Nigam Limited (a Government of India enterprise), Visakhapatnam Steel Plant of 1, AJC Bose Road Calcutta-700020 informed the Officer-in-charge of Park Street Police Station in writing that Gopal Bajoria, Director of M/s Shiva Wire and Steel Products Ltd. lifted different types of materials from Rashtriya Ispat Nigam Limited against credit between May 1994 and October 1994. A sum of Rs.80,00,000.00 was lying outstanding from M/s Shiva Wire and Steel Products Ltd. As a security for credit, Gopal Bajoria, had submitted bank guarantee vide No. 6/93 dtd. 18/2/1994 for a sum of Rs.65,00,000.00. Such bank guarantee was issued by State Bank of India, Lilua Branch, Howrah. Gopal Bajoria also issued cheques amounting to Rs.6,00,000.00 in favour of Rashtriya Ispat Nigam Limited but those cheques were dishonoured by the banker of the drawer of the cheque.

(3.) As the information disclosed offence cognizable in nature, Park Street P.S. Case No. 72 dtd. 7/2/1995 was registered. Police took up investigation and submitted charge sheet against Gopal Bajoria, M/s Shiva Wire Steel Products Ltd., Arumoy Basu Thakur and Sanjay Agarwal of Rashtriya Ispat Nigam Limited under Sec. 120B/420/467/468/471 of the I.P.C. read with Sec. 13(1)(d)(ii) of the Prevention of Corruption Act. Major part of investigation was done by officer below the rank of Assistant Commissioner, however, charge sheet was filed by the Assistant Commissioner.