PRABIR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two revisional applications arising from the same train of incidents over the same facts and circumstances in respect of the same organisation, filed by two of its officers with the same contention, have been taken up and heard together as similar questions of laws and facts are involved and this judgment covers both the revisional applications.

(2.) In both the petitions the order dated May 14, 1996 passed by the learned Sub-divisional Judicial Magistrate, Durgapur in G.R. case No. 146 of 1995 of that court arising out of Durgapur New Township P.S. case No. 21 of 1995 has been challenged. There is a cooperative society called Durgapur Ex-Servicemen's Cooperative Housing Society Ltd. since 1989-90 of which the present Petitioners in these two revisional applications were the office-bearers. After change of the Board the incumbent Secretary in the succeeding Board lodged complaint against some other three persons for embezzlement of huge amount of money belonging to that Co-operative Society and logged complaint before the Officer-in-charge, New Township, P.S., Durgapur Sub-division which case arise to the G.R. case as above.

(3.) Although the present Petitioners were not named in the First Information Report, after investigation, police submitted some charge-sheets against each of them under Sections 409/420/468/471/477A/120B etc. of Indian Penal Code. Prior to that a petition was filed before the Registrar, Co-operative Society, West Bengal under Sec. 95 of that West Bengal Co-operative Societies Act, hereinafter referred to as the Act, against some persons other than the Petitioners. Both the Registrar and the Co-operative Tribunal before whom appeal was preferred, dismissed that petition and the appeal. But the learned Sub-divisional Judicial Magistrate, Durgapur took over cognizance against the persons Petitioners among others in the same case that is, G.R. case No. 146 of 1995, issued warrant of arrest and proclamation against them. Both the Petitioners pray for quashing that proceeding and impugned order.