KISHORI LAL SAHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner Kishori Lal Saha has preferred revision under Sec. 482 of the Code of Criminal Procedure praying for quashing of the proceeding in connection with Special Case No. 18 of 1996 arising out of RC 6/SCD/93 -CAL under Sec. 120B read with Ss. 420/467/468/471 of the Indian Penal Code and under Sec. 7(1) (a) (ii) of the Essential Commodities Act pending before the Court of Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 -Parganas, which is registered as CRR 895 of 2014. The petitioner Parthasarathy Biswas has also preferred revision under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure challenging the order dated September 3, 2013 passed by Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 -Parganas in Special Case No. 18 of 1996 and for quashing of the said criminal proceeding arising out of RC 6/SCD/93 -CAL under Sec. 120B read with Ss. 420/467/468/471 of the Indian Penal Code and under Sec. 7(1) (a) (ii) of the Essential Commodities Act, which is registered as CRR No. 4137 of 2013. Both the criminal revisions arise out of the same criminal case and as such both the revisions are disposed of by this common judgment.

(2.) The petitioner Kishori Lal Saha is the proprietor of M/s. Happy Home, Indane LPG Distributor, Lake Town, North 24 -Parganas. The petitioner Parthasarathy Biswas is an employee of Indian Oil Corporation, who was working as Area Manager -Sales Officer of Indian Oil Corporation during 1985 -1987. One R.P. Bose, Inspector of Police, Central Bureau of Investigation, SCB, Calcutta filed a written complaint on the basis of which RC 6/SCD/93 -CAL dated August 30, 1993 was registered. It is alleged in the said written complaint that both the petitioners entered into a criminal conspiracy to deceive genuine customers of Indian Oil Corporation and in furtherance of the said conspiracy the petitioner Kishori Lal Saha adopted malpractice and forged documents for supplying LPG connection to new customers depriving the genuine customers who were registered and enrolled prior to the new customers and thereby harm was caused to the reputation of Indian Oil Corporation. The CBI investigated the said criminal case and submitted chargesheet against both the petitioners for the offence under Ss. 120B/420/467/468/471 of the Indian Penal Code and under Sec. 7 (1) (a) (ii) of the Essential Commodities Act before the Court of Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 -Parganas. The petitioner Parthasarathy Biswas filed an application before the Court of Learned Magistrate praying for discharge under Sec. 239 of the Code of Criminal Procedure. On September 3, 2013 Learned Magistrate rejected the said application of the petitioner Parthasarathy Biswas and posted the case for framing of charge. Both the petitioners have prayed for quashing of the criminal proceeding.

(3.) Mr. Subhamoy Bhattacharya, Learned Counsel appearing for both the petitioners contends that CBI has no authority to investigate the offence under Sec. 7(1) (a) (ii) of the Essential Commodities Act. He submits that no complaint is made by any customer that he has not received LPG connection from the petitioner Kishori Lal Saha. He further submits that no allegation is made by anyone that the petitioners have received bribe or any illegal gratification for providing LPG connection. Mr. Bhattacharya argues that no customer has made any allegation that the petitioner Kishori Lal Saha has shown any undue favour to anyone for providing LPG connection. He further argues that no disciplinary action is taken by the Indian Oil Corporation against the petitioner Parthasarathy Biswas who is alleged to have caused harm to the reputation of the Indian Oil Corporation by revalidating SL -69 for providing LPG connection through M/s. Happy Home. He has urged this Court to consider that there is no existence of Gas Control Order 1986 for whose violation the petitioners are being prosecuted under Sec. 7(1) (a) (ii) of the Essential Commodities Act. The last submission of Mr. Bhattacharya is that there is delay of more than three years in reporting the incident of cheating and giving undue preference to some of the customers by M/s. Happy Home and such delay is fatal without having any explanation for the said delay.