TAPAS KUMAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AGGRIEVED by the continuance of the criminal proceeding relating to the Raiganj Police Station Case No. 7 of 2007 under Section 406/420/34 of the Indian Penal Code, invoking inherent jurisdiction of this Court, the petitioner moved the instant criminal revision for quashing of the same.

(2.) THE learned Senior Counsel Sardar Amzad Ali appearing in support of the instant criminal revisional application contended that the impugned criminal proceedings as well as the FIR are liable to be quashed ont he following grounds ;

(3.) MR. Debobrata Roy, the learned Advocate appearing on behalf of the State produced the case diary and draws the attention of this Court to the evidentiary materials collected during the course of investigation. According to Mr. Roy that uptil now the materials so far collected are quite sufficient to make out a prima facie case against the petitioner. He further submitted at this initial stage when the investigation has not yet been completed thwarting of such investigation at the very threshold by quashing the FIR does not at all arise. He further pointed out to the 161 statement of the depositors where they categorically stated that the accused persons suppressing the facts that several cases including criminal cases are pending against the company Golden Forest (India) Limited and its directors on the charge of cheating the depositors at Punjab and by virtue of an order passed by the Security Exchange Board of India on January 9, 1998 the company has been directed not to mobilise any fund from the investors, the said accused persons induced the depositors to invest and reinvest by way of renewing their deposits. He further draws the attention of the Court to the letter of Retired Chief Justice, R. N. Agarwal, Chairman of the Committee gfil, which are the part of the case diary.