JUDGMENT (ORAL)

This matter has been heard via video-conferencing.

2. Heard Mr. Sidharth Luthra, learned senior counsel along with Mr. Y. V. Giri, learned senior counsel and Mr. Ashish Giri, learned counsel for the petitioners; Mr. Lalit Kishore, learned Advocate General along with Mr. Gyan Shankar, learned Assistant Counsel to the AG for the State and Ms. Asha Devi, learned Additional Public Prosecutor and Mr. Binod Kumar Labh, learned counsel for the proposed intervenor.

3. The petitioners apprehend arrest in connection with the First Information Report viz. Riga PS Case No. 244 of 2020 dated 18.08.2020, instituted under Sections 406, 409 and 420/34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’). In this view, they have preferred the instant application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’).

4. The gravamen of the allegation against the petitioners herein, petitioner no. 1 being the Occupier/Managing Director and petitioner no. 2 being the General Manager (Commercial) of Riga Sugar Company Limited (hereinafter referred to as ‘RSCL’) respectively, is that the payments for purchase of the sugarca