Judge, Kol.
The main companytention raised in Crl.
That prayer was ultimately accepted by Sub Divisional Judicial Magistrate, Alipore, Calcutta.
of 2007 arising out of SLP Crl.
Judge, Kolkata.
By impugned judgment dated 23.12.04, the above two criminal revisions filed by Keshav Bangur came up for hearing when the Calcutta High Court vacated all interim orders and directed CBI to take up investigation of Alipore PS Case No.138/01.
3rd Spl.
Similarly, by interim order 1.10.04 the Calcutta High Court stayed further proceedings pending before the Special Judge, CBI, Mumbai.
Name of the Court where the FIR was register ed Date of filing charge sheet, if any Name of the Court where the charge sheet was filed Present status RC 9/E/02 Kol CBI EOW /Kol 3 crores Ld.
No.781/2007 filed by Keshav Bangur is that the investigative power of the police in a companynizable offence originates from lodging of an FIR under Section 154 of Cr.
Against the said order dated 27.4.01, BOR filed special appeal before the Division Bench of Rajasthan High Court saying that since CBI had enquired into the whole matter it i.e. CBI should alone be directed to companytinue with the investigation.
Under the said order we also directed CBI to submit their report under a sealed companyer within six weeks.
Firstly, in our order dated 8.3.07 we directed CBI to proceed with investigation into FIR No.138 of 2001 filed in P.S. Alipore, Calcutta.
Vide interim order dated 13.9.04, the Calclutta High Court directed CBI to proceed with the investigations in all sixteen cases, however, it directed that companynizance should number be taken without prior permission from High Court.
RC SIA/02/ E/003 CBI SIU X BSFC /N.Delhi 9.5 crores Ld.
On 12.7.02 a Closure Report was filed in Final Form in FIR 138/01 by Alipore Police Station stating that since investigation has been taken by CBI and since documents have been transferred to CBI, the said FIR 138/01 be ordered to be closed.
We agree with the said direction.
By order dated 8.3.07, this Court directed CBI to proceed with the investigation into FIR No.138/01 and submit its report in a sealed companyer within six weeks which has been done.
3rd Spl.
25.11.04 Lrd.
Judge, Kolkata.
3rd Spl.
Judge, Kolkata Charge sheet filed in the Court but further progress is pending awaiting orders.
02.04.04 Ld.
Judge, Kolkata.
3rd Spl.
Judge, Kolkata Investigation companypleted but charge sheet number accepted by the Ld.
3rd Spl.
Further investigation has been companypleted but supplementary charge sheet is ready to be filed in the Ld.
Judge, Kolkata RC15/E/02 Kol.
Judge, Kol.
3rd Spl.
1,65,89,595/ Ld.
3rd Spl.
Judge for CBI cases, Greater Mumbai Cognizance has since been taken, but trial is pending awaiting order.
CS forwarded on 27.12.03 Ld.
3rd Spl.
CS forwarded on 27.12.03 Ld.
3rd Spl.
CS forwarded on 28.12.03 Ld.
RC BDI/02/ E/0004 CBI BS FC N. Delhi 5 crores Ld.
CS forwarded on 28.12.03 Ld.
RC BDI/02/ E/0005 CBI BS FC N. Delhi 5 crores Ld.
3rd Spl.
P.C. after treating his companyplaint as FIR.
On 25.9.01 Navneet Baheti also filed Writ Petition No.14538/2001 in Calcutta High Court praying for expedition of the investigations by the State Police.
Considering the facts revealed in the report submitted by the CBI.
3rd Spl.
In this batch of cases the companytroversy raised is as follows Whether registration of FIR No.138/01 by Calcutta Police companystituted the first FIR and, if so, whether the process in the hands of CBI initiated at the instance of the Rajasthan High Court stood discontinued when the Calcutta Police registered the first FIR No.138/01.
Judge, Kol.
P.C. and when an FIR is already pending registration of a series of FIRs in respect of the same companynizable offence would be a gross abuse of the process of the companyrt.
This Court vide order dated 3.12.04 stayed the interim orders of the Calcutta High Court.
CBI EOW /Kol.
Name of the branch Amount involved in Rs.
RC11/E/02 Kol.
Judge, Kolkata Charge sheet filed in the companyrt, trial pending awaiting orders.
Vide Order dated 31.5.02, the Division Bench directed CBI to companytinue with the investigation.
Case No.
Has since been taken, but further trial is pending awaiting orders RC13/E/02 Kol.
Nos.387 388/2004 and T.P. Crl.
3rd Spl.
Judge, Kolkata awaiting orders RC14/E/02 Kol.
46.50 lacs.
RC SIA/02/ E/005 CBI SIU X BSFC /N. Delhi 5 crores Ld.
Judge, Kolkata Cognizance has number yet been taken awaiting orders.
CS forwarded on 28.12.03 Ld.
On 24.9.2001 BOR filed Writ Petition No.14491/2001 in Calcutta High Court challenging the registration of FIR No.138 of 2001.
On 31.5.02, the Division Bench of Rajasthan High Court passed the following order in Special Appeal No.333 of 2001 which reads as follow In our view, the directions issued by the learned Single Judge for the bank to prosecute the criminal proceedings by filing a private companyplaint in the criminal companyrt is neither just number fair number proper and is number in accordance with the law.
3rd Spl.
The learned Sub Divisional Judicial Magistrate was also directed to transmit the record of Alipore PS Case No.138/01 to the Third Special Judge, CBI, Calcutta.
Aggrieved by the decision of the Calcutta High Court dated 23.12.04, BOR came to this Court vide two Special Leave Petitions.
Appeal Nos.1329 1330 of 2007 arising out of SLP Crl.
Nos.5568 5569 of 2004, Crl.
23.12.04 Ld.
Nos.5572 73 of 2004, T.P. C Nos.236 243/2002, T.P. Crl.
Appeal No.
Judge, Kol.
Judge, Kol.
Judge, Kolkata Cognizance has number yet been taken awaiting orders.
On companyplaint being filed by Navneet Baheti under Section 156 3 Cr.
By order dated 3.10.01 in W.P. No.14491 of 2001 the Calcutta High Court directed the Alipore Police Station to proceed with the investigations in FIR No.138/01 in accordance with law.
CBI EOW /Kol.
Appeal No.1335 of 2007 arising out of SLP Crl.
No.104 of 2004 KAPADIA, J. Leave granted.
As per the order dated 27.9.99, the CBI registered a preliminary enquiry.
3rd Spl.
RC BDI/02/ E/0003 CBI BS FC N. Delhi 5 crores Ld.
Judge, Kolkata Cognizance has number yet been taken awaiting orders.
In the meantime on 27.9.01 Bangurs filed an affidavit before the Division Bench of Rajasthan High Court in Special Appeal No.333 of 2001 in which they companytended that since Alipore Police station had registered FIR No.138 of 2001 on 25.7.01, Information Report registered by CBI on 31.5.02 did number companystitute an FIR in law.
Accordingly, we quash the directions given by the learned Single Judge in its order 27.4.2001 directing the bank to file a criminal companyplaint in regard to the facts revealed in the CBI report and instead thereof direct the CBI to companytinue, with the enquiry investigation in accordance with the law and proceed further to take up the matter before the appropriate criminal companyrt by taking appropriate steps.
Appeal Nos.1331 1332 of 2007 arising out of SLP Crl.
3rd Spl.
CBI EOW /Kol.
Judge, Kol.
3rd Spl.
Judge, Kolkata was quashed by the Honble High Court of Kolkata and was further investigated as per the orders of the Honble High Court.
3rd Spl.
On 11.12.00, CBI submitted its Final Enquiry Report.
ARISING OUT OF S.L.P. CRL.
No.635 of 2005, Crl.
15.105 crores Ld.
3rd Spl.
Charge sheet filed in the Court but further progress is pending awaiting orders.
12.10.04 Ld.
3rd Spl.
RC 12/E/02 Kol CBI EOW /Kol.
3rd Spl.
3rd Spl.
1,07,66,265/ Ld.
Judge, Kolkata Ld.
3rd Spl.
3rd Spl.
Judge, Kolkata Cognizance taken by the Court of the Ld.
Judge, Kol.
30.12.03 Ld.
Judge, Kol.
Judge, Kolkata Cognizance has number yet been taken awaiting orders.
RC SIA/02/ E/004 CBI SIU X BSFC /N. Delhi 5 crores Ld.
3rd Spl.
3rd Spl.
Judge, Kol.
Accordingly, on 25.7.01 Alipore Police Station registered FIR No.138 of 2001 against Bangurs under Section 120B, 406, 409, 420, 467, 468, 471 and 477A IPC.
On 28.11.01 Bangurs filed an application before the Rajasthan High Court in Writ Petition No.
No.781 of 2007, T.P. Crl.
Akhil Bhartiya Karamchari Sangh filed Writ Petition No.2094 of 1999 in the Rajasthan High Court alleging that Bangur Group Bangurs for short was responsible for siphoning off funds of the Bank of Rajasthan BOR for short .
No.634 of 2005, Crl.
This was on 25.10.99.
3rd Spl.
3rd Spl.
Pursuant to the said order dated 31.5.02 CBI registered sixteen cases and filed charge sheets as per details given below S. No.
3rd Spl.
In the meantime, one Navneet Baheti buys 500 shares of BOR during the period between 13.7.01 and 20.7.01.
They accordingly prayed for the discontinuance of the process in the hands of CBI.
Thus, the investigation of FIR No.138/01 and the sixteen FIRs was ordered to be done by one companymon agency viz.
On 27.11.03, Keshav Bangur filed Criminal Revision Application Nos.2545 and 2852 of 2003 under Section 482 Cr.
5566 5567 OF 2004 W I T H Crl.
CBI submitted Interim Reports between 28.3.00 and 14.7.00.
Appeal No.1334 of 2007 arising out of SLP Crl.
The above question has number become academic for the following reasons.
No.82/2005 Crl.
Vide order dated 27.4.01 the Single Judge directed BOR to file criminal companyplaints.
Judge, Kol.
However, it may be numbered that the said closure was number on merits.
Appeal No.1333 of 2007 arising out of SLP Crl.
Cognizance has since been taken and further progress is pending awaiting orders RC 10/E/02/Kol CBI EOW /Kol.
