KANAKENDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the order dtd. 24/10/2016 passed by Chief Judicial Magistrate, Cooch Behar and the initiation of the criminal proceeding being Kotwali Police Station Case No. 1303 of 2016 dtd. 4/12/2016 under Sec. 409/420/471/34 of the Indian Penal Code read with Sec. 13(1) (d) of the Prevention of Corruption Act and the charge sheet and subsequent orders passed thereto, present application under Sec. 482 of the Code of Criminal Procedure (hereinafter called as Cr.P.C.) has been preferred, separately by 3 accused persons/petitioners herein, seeking quashing of said proceeding being CRR no, 522 of 2018, CRR 1683 of 2018 and CRR 1584 of 2018. Since issues involved in the all the three applications are almost same, all the aforesaid three applications are disposed of by this common order.

(2.) On 24/10/2016 one Shri Samrat Kundu filed a complaint under Sec. 156 (3) of the Cr.P.C., against the petitioners and others alleging that the Government of West Bengal Department of Municipal Affair through their G.O. No. 185 (sanction)/ MA/P/C-10/IG-2/2015 dtd. 17/9/2013 sanctioned huge amount to the tune of Rs.1,77,75, 000.00 for different developmental works for Cooch Behar Municipality. Said amount was allotted against specific work with the direction to complete the work within stipulated period and works in question are to be done through the Cooch Behar Municipality. It is alleged in the complaint that in respect of the said work, no E-tender whatsoever has been sought for, nor there was any paper circulation and thereby the chairman of Cooch Behar Municipality (petitioner of CRR 1584/2018) has flouted the Government norms, rules and regulations, and further more no sorts of work have been done in respect of the construction of paver block at Bhavani Ganj Bazar nor any renovation work was carried out in Harizan quarter building at Gandhinagar as mentioned in the project work. It is further alleged that said petitioner/chairman Reba Kundu and petitioner/councillor Subhajit Kundu (petitioner of CRR 1683/2018) by utilising their post of Cooch Behar Municipality in connivance with the other accused persons which includes, executive officer, the accountant (petitioner of CRR 522/2018) and the ward councillor of ward no. 11 of Cooch Behar Municipality fabricated and manufactured false and fictitious vouchers, bills and other documents showing utilization of the funds for works and with such fabricated and forged documents surreptitiously withdrawn public money from the Cooch Behar Treasury by submitting false bills on different dates in between November, 2015 to April, 2016 and said petitioner/chairman Smt. Raba Kundu in this way withdrawn the entire amount of the said project work under the development Scheme, from the treasury of Cooch Behar. Such financial irregularity and illegalities were also published in a local daily newspaper. By the impugned order learned Magistrate asked the police to start investigation treating complainant's complain as First Information Report, (in short FIR) and accordingly investigation started and after completion of investigation police submitted charge sheet against eleven accused persons including the present three petitioners, under Sec. 409/420/471/34 of Indian Penal Code and Sec. 13(1) (d) of prevention of corruption Act, 1988.

(3.) Mr. Moitra learned counsel appearing on behalf of the petitioners submit that initially the petitioners had no knowledge about the initiation of said case. Aforesaid Complainant filed one writ application being WP No. 1082(W) of 2017, wherein he sought for a direction upon police authorities to take appropriate steps to conduct fair investigation in aforesaid case. After receiving copy of the writ application the petitioners came to know for the first time about the said proceeding wherein this court added Sec. 13(1) (d) of Prevention of Corruption Act, while disposing the writ application.