1,62,32,837.00 by making forged and false documents, fraudulently preparing its letter heads and seals and using the same, companymitted breach of trust and withdrew the refund amount of Rs.
A companyplaint petition was filed by the Appellant Company before the Chief Metropolitan Magistrate, Kolkata purported to be under Section 156 3 of the Code of Criminal Procedure, 1973 on or about 15.10.2004 inter alia alleging that a criminal companyspiracy was entered into by and between accused No.
1,63,536.00 in favour of District Manager, Food Corporation of India, Sitapur which was also allegedly misappropriated by the companycerned respondents.
As the respondents did number appear before the Court, warrants of arrest had also been issued by the Chief Metropolitan Magistrate, Kolkata.
Further investigation shall be carried out by C.B.C.I.D. of the State of Uttar Pradesh.
1,55,07,928.00 was paid by Demand Draft favoring the companycerned Railway authority and balance amount of Rs.
2 allegedly deposited indent money in respect of 40 indents at Hardoi, out of which also some amount was misappropriated by the accused persons.
Various other alleged criminal misconducts on the part of the accused persons were said to have been companymitted in the State of Uttar Pradesh.
As such all the Accused Persons have misappropriated and or cheated the companyplainant companypany for a sum of Rs.
1 under the direction of Respondent No.
But the Accused No.
issue a writ, order or direction in the nature of mandamus companymanding the respondents number to arrest the petitioners on the basis of the FIR dated 18.10.2004.
The indentor is free to withdraw the indent money any time after ten days from the date of indenting, without any liability.
Accused persons fraudulently and dishonestly misappropriated the amount of Rs.
The bankers of the appellant companypany issued a draft of Rs.
The said offence was also allegedly companymitted at Iradatgunj in the State of U.P. On behalf of the appellant, accused No.
Issue a writ, order or direction in the nature of mandamus companymanding the respondent number 1 to transfer the Case No.
1,63,536.00 for which Demand Draft was handed over to Accused No.
6 representing accused Nos.
1,55,07,928.00 from the Railway Authorities of different Railway Station and fraudulently and dishonestly misappropriated Rs.
2 companylected total Rs.
Subodh Singh, at Kanpur.
2 with accused Nos.
Allotment of rake is made accordingly after the announcement of quota from the Railway Headquarters.
Court.
One of the indent receipts out of the 30 indents amounting to Rs.
4,50,000.00 was lost by an employee of the appellant while travelling and the accused No.
Union Bank of India and Punjab National Bank in favour of the District Manager, Food Corporation of India had also allegedly been misappropriated.
Demand draft issued by the bankers of the appellant viz.
3,57,810.00 for the payment of the railway freight of AK Industries and Lavi Industries.
1 and 2 herein allegedly approached him for appointment as its agent to arrange and supply foodgrains i.e. wheat and rice of the Food Corporation of India and send the same to different destinations in West Bengal on companymission basis.
4,50,000.00 was misappropriated by the accused persons.
1 and 2 withdrew the amount in question by using forged indemnity bond and letter head of the Company and, thus, a sum of Rs.
Accordingly, Accused No.
Accused respondents shall surrender before the Chief Judicial Magistrate, Allahabad and their applications for grant of bail, if any, may be companysidered by the said companyrt on its own merits.
2 dishonestly deposited the said draft in the account of Nafed India Ltd. with Food Corporation of India and also the Accused Persons fraudulently and dishonestly utilized indent money of your petitioners companypany amounting to Rs.
Respondent Nos.
One of their employees was also assaulted.
1,62,32,837.00.
Hardoi is also in the State of Uttar Pradesh.
1,55,07,928.00 It is number in dispute that the said purported acts were companymitted outside the State of West Bengal and principally in the State of Uttar Pradesh.
All the Demand Draft in favour of the Railway Authorities were issued for your petitioners Company.
Respondents herein filed a criminal writ petition before the High Court of Judicature at Allahabad on or about 1.3.2005 praying inter alia for the following reliefs Issue a writ, order or direction in the nature of certiorari quashing the WR in Case No.
Hanuman Prasad Ojha.
preparing forged documents by printing Letter Pad and forging the Seal of your petitioners companypany and forged authorization letters and companylected refund amount from the Railway to the tune of Rs.
Allegedly, in companyrse of rendition such services, respondents companymitted various acts of breach of trust, cheating, forgery and criminal companyspiracy.
22,03,563.00 of your petitioners Company by depositing demand draft to District Manager, Food Corporation of India, Jhansi in the account of WBECSC Limited instead of depositing in the account of The State Trading Corporation of India Ltd., Chennai towards companyt of material.
The learned Chief Metropolitan Magistrate upon companysideration of the said companyplaint directed the Officer in Charge of Shakespeare Sarani Police Station, Kolkata to make an investigation into the allegations companytained therein.
2 used to make arrangement of railway rakes at different railway stations in the State of Uttar Pradesh, Rajasthan, Uttaranchal, Madhya Pradesh and Haryana for export of rice and wheat from Food Corporation of India to Bangladesh for and on behalf of the appellant.
2 to deposit to the District Manager, Food Corporation of India, Sitapur for companyt of the materials exported by your petitioners companypany on behalf of the State Trading Corporation Ltd., Chennai.
Pursuant to or in furtherance of the said agreement, Respondent No.
Paragraph 16 of the companyplaint petition deals with assault and criminal intimidation of an employee of the appellant viz.
4,91,39,748.00 out of which Rs.
381 dated 18.10.2004 G.R. No.
2711/04 under Section 120B, 420, 406, 465, 468, 471 I.P.C. P.S. Shakespeare Sarani, Kolkata Orders dated 15.10.2004 and 11.2.2005 passed by respondent number 5.
15,000.00 as indent money for registration of rake, for which Railway issue Money Receipt.
3 to 12 with a view to cheat the companyplainant Company and or dishonestly misappropriate a huge amount of Rs.
The accused respondent shall render all companyperation with the Investigating Officer.
B. Sinha, J. Appellant herein was awarded companytracts for exporting wheat, rice etc.
upon purchasing the same from Food Corporation of India as also from open market, by the State Trading Corporation of India, Chennai and Kolkata as also West Bengal Essential Commodities Supply Corporation Limited.
