PAWAN AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Proprietor of firm M/s B.R. Industries has filed this writ petition inter alia challenging the order dated 03.03.2012, passed by the Additional Chief Judicial Magistrate (S.P.E. cases), Jaipur District, Jaipur on an application under Section 457 Cr.P.C. filed by the respondent-IndusInd Bank allowing the Bank to auction goods seized by the CBI in C.R. No.3/2011 registered for offences under Sections 406, 420 & 120 IPC. The case of the petitioner is that the order dated 03.03.2012 was passed by the learned ACJM on the basis of misrepresentation by the respondent-IndusInd Bank and the CBI as also concealment of an order dated 15.11.2010 passed by the Additional District Judge No.1, Kota dismissing an application for temporary injunction laid by one M/s. Bhandari Brothers the commission agent in respect of the goods pledged by the petitioner with the respondent-IndusInd Bank. It has also been prayed that direction be issued to the CBI to initiate a departmental inquiry against the erring officers of the CBI, who allegedly colluded with the officials of the respondent-IndusInd Bank in conceding before the court of ACJM on 03.03.2012 that goods seized in the course of investigation of C.R. No.3/2011, pending with them be auctioned. The alternative prayer in the writ petition is that the petitioner be refunded amounts determined at market rate in respect of seized goods wrongly auctioned by the respondent-IndusInd Bank in pursuance to the order dated 03.03.2012 passed by the court of ACJM.

(2.) The facts of the case are that the petitioner Proprietor of firm M/s B.R. Industries engages in the sale purchase of agricultural goods/seeds etc. The petitioner purchased certain agricultural produce allegedly on credit through a commission agent i.e. M/s Bhandari Brothers and pledged the said goods with the respondent-IndusInd Bank. Apparently, following certain disputes between the commission agent i.e. M/s Bhandari Brothers on the one hand and the petitioner Proprietor of M/s. B.R. Industries on the other with regard to the unpaid price of goods sold, FIR No.204/2010 came to be lodged on 22.03.2010 by M/s. Bhandari Brothers through Pramod Bhandari at Police Station Vigyan Nagar, Kota for offences under Sections 406, 420, 120B IPC inter alia against the petitioner where fundamentally the allegation was that the goods delivered to the petitioner were unlawfully pledged with the respondent-IndusInd Bank and amounts obtained therefrom mis-utilised even while the outstanding for the goods in issue remained unpaid. M/s Bhandari Brothers also appears to have filed a suit before the court of Additional District Judge No.1, Kota. Along with the suit an application for temporary injunction was also filed. Therein it was prayed that without payment of consideration for the commodities purchased on credit and then pledged with the respondent-IndusInd Bank by the petitioner, the respondent-IndusInd Bank not be allowed to auction such pledged goods for recovery of the amount advanced thereagainst to the petitioner. It appears that the application for temporary injunction filed by M/s. Bhandari Brothers however came to be dismissed by the trial court on 15.11.2010 and as far as the civil aspect of the dispute is concerned, the matter appears to have rested as far as the temporary injunction application was concerned.

(3.) Investigation however appears to have continued into FIR No.204/2010 dated 22.03.2010 till it came to be transferred to the CBI following an order dated 08.12.2010 passed by this Court in S.B. Cr. Misc. Petition No.1028/2010 whereupon as stated earlier C.R. No.3/2011 for offences under Section 406, 420, 120B IPC had came to be registered by the CBI.