SUBROJYOTI NANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure assailing the proceeding of G.R. Case No. 211 of 2022 arising out of Bibhannagar Police Station Case No. 24 of 2022 dtd. 17/2/2022 under Ss. 420/406 of the Indian Penal Code (hereinafter referred to as IPC), presently pending before the Court of Learned Additional Chief Judicial Magistrate, Bidhannagar.

(2.) The story of the prosecution in brief is that the opposite party no. 2 herein/defacto complainant lodged a written complaint dtd. 30/8/2021 alleging inter alia that the petitioner siphoned Rs.1,56,73,000.00 periodically in between September 2020 to July 2021 to his personal bank account from the account of the company named Faang Wealth Advisory Private Limited while acting as Director of the company with the intention to commit the cheating while usurping the opportunity of the absence of the defacto complainant who was in rehabilitation centre from September 2020- December 2020. Moreover, the laptop, electronic data in pendrives, documents, Debit Card of Firm's bank accounts along with other articles were lying in the custody and control of the petitioner due to which the defacto complainant could not access the client's account in some of the portals without the co-operation of the petitioner as the OTP could not be delivered directly to the complainant because the petitioner allegedly registered his own digital signature/personal e-mail ID/ personal mobile number/ password in the various government portals. The defacto complainant is also not aware as to how the petitioner is using such data with mala fide intentions to cause further wrongful loss and reputation to the Firm.

(3.) Based on the aforesaid complaint, Bibhannagar Police Station Case No. 24 of 2022 dtd. 17/2/2022 corresponding to G.R. Case no. 211 of 2022 under Ss. 420/406 of the IPC was started against the petitioner and upon completion of investigation charge sheet being no. 23 of 2022 dtd. 28/2/2022 under Ss. 420/406 of the IPC was submitted against the petitioner. Being aggrieved the petitioner has preferred the instant application with a prayer for exercise of inherent jurisdiction with respect to second FIR which has been impugned herein. Argument advanced:-