BIPIN KUMAR VOHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have assailed the proceedings in G.R. Case No. 193 of 2018 in connection with New Township Police Station (NTS), Durgapur, Case No. 16 dated 10th February, 2018 under Sections 420/406 of the Indian Penal Code, 1860 pending before the Court of the learned Additional Chief Judicial Magistrate at Durgapur inter alia on the grounds that the allegations leveled in the FIR do not make out any offence against the petitioners as evident from the recital of the FIR that the instant proceeding is manifestly attended with malafide and do not make out any cause of action giving rise to initiation of an investigation in order to harass and humiliate the petitioners for oblique purpose.

(2.) Mr. S.N. Mookherjee learned counsel for the petitioners at the outset submitted that the instant prosecution has been engineered by the Opposite Party No. 2 to overreach the orders of an ad-interim order passed by the learned District Judge, South 24 Parganas at Alipore in Misc. Case No. 783 of 2017 whereby and whereunder MSTC Ltd., its men and agents were restrained from giving effect to the letters issued by MSTC Ltd. on 31.11.2017 and 12.12.2017.

(3.) It is further submitted that allegations leveled in the impugned First Information Report narrating the grievances of the Opposite Party No. 2 is predominantly civil in nature which has no criminal outfit and the instant prosecution has been launched by the Opposite Party No. 2 in clear breach of the terms of settlement arrived at by and between the parties on 19.07.2014 in order to expose the petitioners to chilling possibility of arrest, harassment and prosecution.