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1992 Supreme(Cal) 443

AMAL KANTI BHATTACHARJI
BABUL CHOUBEY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ANJAN MUKHERJI, Somen Ghosh

A. K. BHATTACHARJI J.

( 1 ) IN this criminal revision the legality of a prosecution initiated on the basis of an investigation made by the Special Crime Branch, Central Bureau of Investigation, has been challenged by the accused petitioner. The prosecution was initiated on the basis of a complaint fled before C. M. M. Calcutta by one Ajit Kumar Dhar, Dy. Manager (Law), West Bengal Finance Corporation, against three persons, namely, Shri Gopal Agarwal and Sm. Kusum Agarwal, both Directors of Mangalpota Cold Storage Industries Private Ltd. , 11 Cotton Street, Calcutta and one Ram Balak Singh, proprietor of M/s. Bihar Refrigeration Machinery, 1/2, Srimani Bagan Lane, Salkia, Howrah, it has been alleged in the petition of complaint that an amount of Rs. 60 lakhs was sanctioned by the Corporation as financial assistance to Mangalpota Cold Storage Industries (P) Ltd. for purchase of plant and machineries. The aforesaid Directors of Mangalpota Cold Storage Industries (P) Ltd. appointed Shri Ram Balak Singh, proprietor of M/s. Bihar Refrigerating Machinery, Salkia, Howrah, to manufacture the necessary machinery. Thereafter the accused persons forwarded a proforma bill dated 11. 8. 86 for




















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