UBS SWITZERLAND AG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner/ UBS Switzerland AG lodged a complaint against the accused/ opposite party no. 2 to 7 herein before West Port Police Station on 28/3/2018 which was registered as West Port Police Station Case No. 88 of 2018 on an allegation that the petitioner pledged goods of over Rs.55.00 crores which were delivered in Kolkata and those goods were misappropriated by the accused/opposite party no. 2 to 7 herein. At the time of granting anticipatory bail an amount of INR 10 crores was deposited by accused no. 2 to 4 and subsequently petitioner/defacto complainant was allowed to withdraw the said amount.

(2.) After successive investigation two closure reports were filed and the Ld. Chief Judicial Magistrate, Alipore was pleased to set aside both the closure reports by directing further investigation. The order in respect of second closure report and further investigation was challenged in criminal motion no. 213 of 2024 before the Ld. Sessions Judge, Alipore which was, in turn, transferred to the Court of Ld. Additional Sessions Judge, 12th Court, Alipore, South 24 Paraganas for disposal.

(3.) On 27/6/2024 on behalf of the State one application was moved seeking an order for issuance of summons in terms of Sec. 105 of Code of Criminal Procedure (hereinafter referred to as CrPC) which was allowed. But, subsequently on 12/8/2024, Ld. Additional Sessions Judge passed an order dispensing with the service on the sole ground of representation of defacto complainant through one Ld. Advocate before the Court of Ld. Chief Judicial Magistrate.