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1994 Supreme(Cal) 351

NURE ALAM CHOWDHURY, MUKUL GOPAL MUKHERJEE, GITESH RANJAN BHATTACHARJEE
PAWAN KUMAR RUIA – Appellant
Versus
SPCBI (ECONOMIC OFFENCE WING) CAL. – Respondent


Advocates Appeared:
AMIT TALUKDAR, BALAI ROY, P.R.ROY, Y.DASTUR

G. R. BHATTACHARJEE, J.

( 1 ) THE petitioners Shri Pawan Kumar Ruia filed this revisional application for quashing the investigations and proceedings in Case Nos. RC/12/eow/86, RC13/ EOW/86, RC/14/eow/86 and RC/15/eow/86 all dated 17th December,1986. All these proceedings were started under sections 120b/420/468/ 471 I. P. C. and under section 5 (1) (d) read with section 5 (2) of Prevention of Corruption Act, 1947 on the basis of four separate F. I. Rs. lodged by one Shri D. Kasiappan, Dy. General Manager of Tamil Nadu Mercantile Bank Limited, Calcutta. This revisional application was originally heard by a Division Bench of this court comprising of P. Khastgir and A. M. Sinha, JJ. the petitioner took the objection that the allegations made in the F. I. Rs. are not true and at any rate do not, primafacie, make out any cognizable offence and as such the F. I. Rs. and the investigations are liable to be quashed. A plea was also taken that the Central Bureau of Investigation (C. B. I.) with whom the F. I. Rs. were lodged and who took up the investigations are not competent to investigate the cases. Both the learned Judges of the Division Bench in their separate orders dated 8. 5. 1991











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