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Calcutta High Court (Appellete Side)

Kiran Pal Singh vs State Of West Bengal & Anr on 21 December, 2018

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                             In The High Court At Calcutta
                            Criminal Revisional Jurisdiction
          21.12.18


                                   CRR 3479 of 2018
                                     Kiran Pal Singh
                                            -vs-
                                  State of West Bengal & Anr.



      Mr. Ayan Bhattacharjee
      Mr. Kausik De
      Mr. Anirban Dutta
      Mr. Rook Ray
      Ms. Mohini Majumdar
                  ... for the petitioner.

      Mr. Rana Mukherjee
      Ms. Debjani Sahu
               ... for the State.


      The petitioner has sought for quashing of the proceedings of G.R. No. 10 of

2018 corresponding to Section D1. No. 3 of 2018 arising out of Barabazar Police

Station    Case   No.   3   of   2018   dated    January        2,   2018   under   Sections

406/420/120

B of the Indian Penal Code, 1860 pending before the Court of the learned Additional Chief Metropolitan Magistrate, Calcutta; inter alia, on the grounds stated in the petition that the petitioner was not at all a Director as on the date of alleged offence in between 2008 and first quarter of 2009 as per the Barabazar Police Station Case No. 3 dated January 2, 2018 and my attention is invited to pages 55 and 56 to the Form DIR-12 of the Companies Act to show that the present petitioner Kiran Pal Singh was appointed as Director on September 10, 2015 under category " Independent" so that he cannot be said 2 to be in the day to day affairs of the company as on the date of alleged commission of offence.

Mr. Rana Mukherjee, learned advocate present in Court is requested to appear in this matter on behalf of the State. His appointment be regularized by learned Public Prosecutor, High Court Calcutta. The petitioner has already served a copy of this application to Mr. Rana Mukherjee.

Mr. Mukherjee invites my attention to paragraph 26 of this revisional application that notice under Section 41A CrPC to the petitioner was issued for joining in investigating into the purported petition of complaint and for the purpose of cooperation in the investigation the petitioner attended the police station on November 24, 2018 and supplied all relevant documents relating to the joining directorship of the petitioner in the said company to the Investigating Officer.

Therefore, it cannot be said that any coercive measure has at all been taken against him, rather the Investigating Officer must be in the knowledge of the fact as discussed above that he had joined the company as director only on September 10, 2015. However, I do not wish to stall the investigation right now.

The petitioner is also directed to serve a copy of this application on the opposite party no. 2 by speed post with acknowledgement due within one week after the reopening of the Court after ensuing Christmas vacation 2018.

Let this matter be listed under the heading "Adjourned Motion" six weeks after the ensuing Christmas vacation 2018.

sh       ( Shivakant Prasad, J.)