J K DATTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Union of India through the Registrar of the Companies Bihar and Jharkhand filed three complaint cases bearing complaint Case No. 51(C)/03, Complaint Case No. 52(C)/03 and Complaint Case No. 53(C)/03 impleading Bihar State Food & civil Supplies Corporation Ltd. Its Managing Director Jagjit Kumar Datta alias J.K. Datta and the company Secretary Rameshwar Prasad Das for Commission of offences under Section 220(3) of the Companies Act, 1956. THE Managing Director, J.K. Datta has preferred these three criminal Misc. petitions for quashing of the entire proceedings and with the parties being the same in all three cases they have been taken up together and are being disposed of by this common order.

(2.) THROUGH Cr. Misc. No. 87/05 the petitioner has sought for quashing of the entire proceeding of complaint Case No. 51(C)/03 pending before the Special Judge, Economic offences, Patna including the order dated 30.6.2003 whereby cognizance has been taken. THROUGH Cr. Misc. No. 545/05 the petitioner has sought for quashing of the entire proceeding of Complaint Case No. 52(C)/03 pending in the same court including order dated 30.6.2003 wherein cognizance has been taken and through Cri. Misc. No. 369/05 quashing of the Complaint Case No. 53(C)/03 including order dated 30.6.2003 whereby cognizance has been taken is sought to be quashed.

(3.) IN the instant case the act constituting an offence alleged to have been committed by the petitioner in all the three cases was certainly done by him in his official capacity. On the totality of the facts and circumstances of the case in my opinion the learned Special Judge, Economic Offices, Patna has erred in taking cognizance without the prior sanction of the appropriate authority.