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1996 Supreme(Cal) 380

SURYA KUMAR TIWARI
Nirendra Nath Dey – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Mr. Milan Mukherjee and Sekhar Bose for the Petitioners
Dr. Debt Pal, Mr. S.C. Ukil, Mrs. Chabi Roy, Chandrima Bhattacharyya, Mr. Debasis Roy and Ranjan Saho for the Opposite Parties
Mr. R.P. Bhattacharjee and Swapan Mallick for the State

JUDGMENT

This revisional petition along with connected revisional petition has been filed by the petitioners for quashing the F.I R.

2. Petitioner No. 1 in Cr. Rev. No. 1305 of 1996 had applied for loan to Ramkrishnapur Co-operative Bank, Charu Chandra Singha Lane, Howrah. At the relevant time, petitioner No.1 (in connected case) Samar Mukherjee was the Chairman, petitioner No.2 Kali Kinkar Banerjee was the Secretary and petitioner No.3 Biswanath Banerjee was Assistant Secretary of the said Bank.

3 On 6.12.95 a written complaint was filed in the Court of C.J.M., Howrah. The C.J.M., forwarded the complaint to Howrah Police Station for Investigation under Section 156(3) Cr. P.C. The police registered F.I.R., on 15.12.95 and started investigation.

4. It has been alleged in the complaint filed on behalf of the Bank, that the Chief Executive Secretary and the Assistant Secretary of the Bank entered into criminal conspiracy and granted a loan of Rs.4 lacs to petitioner No. 1, in the connected revisional case i.e. Nirendra Nath Dey without having taken sufficient security. The equitable mortgage was illegal because the petitioner No.2 Goutam Dey was not full owner of the mortgaged property" T




















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