SRIVASTAVA K L Vs. STATE

JUDGEMENT

(1.) THESE two Rules, which involve the same paint for consideration and are taken up together for disposal, were directed to be heard together. The Rules are at the instance of the accused petitioner. K. L. Srivastava, as to why G. R. Case no. 887 of 1969, pending against iim and several co-accused under sections 120b/420 and 420 Indian Penal Osde in the court of Shri P. C. Chakrataorty, presidency Magistrate, 4th Court, calcutta, should not be amalgamated and tried together with G. R. Case No. 17 of 1969, pending against him and same others under sections 120b/420 and 420 Indian Penal Code in the Court of shri S. B. Putatunda, Presidency Magistrate, 10th Court, Calcutta,

(2.) FOR a correct appreciation of the short point involved in the two Rules, the background of facts is briefly given. On the 25th April, 1967 Shri n. K. Thandani, Deputy Director-General, D. G. S. and D. , New Delhi, filed a complaint before the C. B. I. SPECIA-1 district New Delhi, that was recorded as f. I. R. No. R. C/3/67/cia-1, against ten accused persons including the petitioner, namely, K. L. Sriva-stava, S. M. Wahi, R. M. Wahi, B. C. Guha, B. Bhaskar rao, R. C. Malhotra, Siben Sengupta, Nirmal Bhusan Pakrashi, Bhoj raj Jash and Debi Prasad Chakraborty. The allegations, inter alia, are that in january, 1962 the D. G. S. and D. New Delhi received a requisition for the supply of 25 soil-stabilizer units (road working machinery) to the consignees in West bengal and Bihar and on such requisition invited tender for supply of these soil-stabilizers. The quotation of m/s. U. P. C. C. (P) Ltd. were accepted on 4. 9. 62 on terms as referred to in the agreement. It is alleged that the accused persons, who belong to the u. P. C. C. (P) Ltd. , between July 1963 and June 1964 entered into a criminal conspiracy at Calcutta to commit the offence of cheating the Central Government, viz. , the pay and accounts Officer, calcutta of the Office of the D. G. S. and d. New Delhi by dishonestly and fraudulently obtaining payment to the extent of 80 per cent, for 17 units of soil-stabilizers to be supplied to the various consignees against A. T. issued by D. G. S. and D. , on the basis of false and fictitious Railway Receipts Nos. quoted in the said bills as proof of dispatch to the consignees and in pursuance thereof had obtained 80 per cent payment of their bills when no such store in fact was dispatched on the date when the said bills were passed for payment by Pay and Accounts Officer, calcutta, and collection was made by the Bank of Tokyo and the American express Co. The said complaint was treated as F. I. R. The police after investigation submitted a charge-sheet on 12. 7. 69 against the ten accused persons under section 120b read with section 420 and 420 Indian Penal Code before the learned Chief Presidency magistrate, Calcutta, who took cognizance of the case and issued process against them. The case which was registered as G. R. Case No. 887/ 69 has been pending for disposal m the court of the Presidency Magistrate, 4th court, Calcutta. Papers and documents under section 173 (4) of the code of Criminal Procedure were supplied to the accused persons and 11. 2. 68 was fixed for the supply of further papers.

(3.) THE other case which was registered as G. R. Case No. 17 of 1969 is based on a complaint filed on 19. 5,68 by Shri N. K. Thandani, Deputy-Director General, D. G. S. D. , New delhi under section 120b/420 and section 420 Indian penal Code against nine accused persons including the petitioner, viz. , S. M. Wahi, R. M. Wahi, krishna Mohan Wahi, B. Bhaskar Rao, r. C. Malhotra, Siben Sen Gupta and s. R. Bhalla. All these accused excepting krishna Mohan Wahi and S. R. Bhalla are also accused in the other case, viz. . G. R. Case No. 887 of 1969. The allegations in the complaint, inter alia, are that M/s. U. P. C. C. (P)Ltd. was registered with D. G. S. andd. on 1. 5. 61 for supply of tractors, shovels and other items including imported road-rollers manufactured by U. S. A. and West germany. An indent for supply of 4 drag line buckets and 4 extension pieces was recived by D. G. S. andd. and tender was issued for supply of those articles. The tender submitted by m/s. U. P. C. C. (P)Ltd. was accepted on usual terms of A. T. 80% payment after initial inspection of the stores and on proof of dispatch and 20 % after receipt of the stores in good condition and on acceptance by the consignee on final inspection and tests after erection at site. The U. P. C. C. (P) Ltd. was granted import trade licence and on the basis thereof imported good. It is alleged that the accused persons entered into a criminal conspiracy sometime in february, 1964 to cheat the Central government, Viz. , the pay and Accounts office, Calcutta and the Office of the d. G. S. andd. by dishonestly and fraudulently obtaining 80 % payment of the cast of the stores namely 4 drag line buckets and 4 extension pieces against the A. T. in question issued by the d. G. S. and D. on the basis of the fictitious Railway Receipts quoted in the bill as proof of dispatch of stores to the consignee whereas no such stores were dispatched to the consignee and bills were passed for payment by the pay and Accounts Officer, Calcutta. This complaint was treated as F. I. R. Police after investigation submitted chargesheet on 3. 1. 69 before the learned chief Presidency Magistrate, Calcutta in G. R. Case No. 17 of 1969 and by his order dated 3. 1. 69 cognizance was taken by the learned Chief Presidency magistrate, Calcutta and summons was issued against the accused persons copies of papers and documents thereafter were supplied to the accused persons under section 173 (4), Criminal procedure Code and the case is now pending in the court of the learned presidency Magistrate, 10th Court, calcutta. The date of hearing was fixed on 20. 2. 70. 3. At that stage the two revisional application were moved and two Rules were issued by this Court on 16. 2. 70 which the direction that the Rules are to be heard together.