RAM GOPAL KEDIA Vs. STATE

JUDGEMENT

(1.) A Deputy Superintendent of Police, Special police Establishment, Fraud Squad No. I Branch, New Delhi, filed before the 4th Additional Special Court, Calcutta, a report in writing alleging commission of different offences under Section 120 -B Indian Penal Code read with Section 5(2) of the Prevention of Corruption Act, Section 5(2) of the said Act read with Section 109 of the Indian Penal Code and under Section 467/471 Indian Penal Code and 477 -A Indian Penal Code against 6 persons of whom two were public servants. Facts as incorporated in the said report may shortly be stated. It is alleged that the Food Corporation of India, New Delhi, entered into an agreement with Messrs. Bihar Traders to sell Punjab maize at a price agreed and on terms set out in the agreement. One of the important terms was that the maize would be released to Messrs. Bihar Traders only on receipt of full payment of the price for the consignment. It is further alleged that two of the accused persons, namely, A.K. Banerji and S.K. Shome who were the public servants were entrusted with the duty of realisation of full payment before release of the consignment in favour of the Bihar Traders but they in conspiracy with others including those of Bejay Kumar Kedia and Earn Gopal Kedia of Bihar Traders by corrupt or illegal means or by abusing their position as public servants dishonestly and fraudulently caused to deliver consignments of such maize to Messrs. Bihar Traders without, however, realising the price thereof causing a pecuniary loss to the extent of Rupees 30,15,974.65 to the Food Corporation and equal amount of gain to Messrs. Bihar Traders. it is further alleged that that in causing such delivery to be made they got false documents, such as, release or delivery orders to be made in favour of fictitious firing and also fabricated various documents, registers and statements.

(2.) SUCH a report having been submitted before the Learned Judge, 4th Special Court, Calcutta, he perused the report carefully and in consideration of the facts and particulars incorporated therein concluded that sufficient grounds for taking cognizance of the offences alleged, have been made out. The Learned Judge accordingly, by the order dated January 13, 1972, took cognizance but withheld issue of processes in view of certain pending writ petitions in this Court arising out of the investigation of such offences.

(3.) TWO petitioners now before us. Ram Gopal Kedia and Bejoy Kumar Kedia, however, did not appear before the Learned Judge, Special Court, and without doing so they moved, this Court with a prayer that the order issuing processes should be set aside and the proceeding itself should be quashed.