Calcutta High Court (Appellete Side)
In View Of The Law Declared In The Case Of ... vs State Of Punjab (2013) on 8 October, 2013
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 5 8.10.2013
jb.
C.R.R. 3781 of 2009 In re: Central Bureau of Investigation Mr. Himangshu De Mr. M. Chatterjee ..... For the CBI Mr. Abhra Mukherjee Mr. Sanjoy Chakraborty ..... For the Opposite Party no. 2 In this revisional application the order dated 19th June, 2009 discharging the public servants from the alleged offence has been assailed.
I find that the co-accused private persons were also acquitted/discharged by the impugned order dated 8th June, 2009. It is not clear as to whether the prosecuting agency has challenged the said order. It appears from a perusal of order dated 8th June, 2009 that the discharge in a case of alleged conspiracy of the private persons with public servants, the learned Judge had discharged the private persons on the ground that the parties amicably resolved their disputes in the civil forum.
In view of the law declared in the case of Gian Singh vs. State of Punjab (2013) 1 Supreme Court Cases (Criminal) 160, this Court is of the view that the aforesaid ground is not tenable in law to discharge accused persons involved in a charge of criminal conspiracy with public servants for commission of offence under the Prevention of Corruption Act. I accordingly issue suo motu notice upon the discharged accused persons namely Sanjay Kanoria, Brinda Kanoria and Priyobardhan Kanoria to show cause why the impugned order dated 8th June, 2009 shall not be set aside.
Notice is made returnable on 7th November, 2013.
Department is directed to effect service upon Sanjay Kanoria, Brinda Kanoria and Priyabardhan Kanoria in the meantime and file a report with regard to such service.
(Joymalya Bagchi, J.)