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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Central Bureau Of Investigation – Appellant
Versus
Kushal Das Bakshi – Respondent
| Table of Content |
|---|
| 1. overview of fraud allegations against the bank management (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding discharge applications and roles in sanctioning loans (Para 5 , 6 , 7) |
| 3. court's analysis of evidence and procedural flaws in prosecution (Para 8 , 9 , 10 , 11 , 12) |
| 4. final dismissal of the revisional application and affirmation of lower court's order (Para 13 , 14 , 15 , 16) |
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This is an application under Section 401 and 482 of the Code of Criminal Procedure filed by C.B.I against an order dated 28.11.2014 passed by the Learned 3rd Special Judge, CBI, Bankshall Court, Kolkata in Special Case No. 16 of 2010 arising out of RLBSK 2009E003 under Section 120 B.R/W 420/467/468/471 of the Indian Penal Code and Section 13 (2) of the P.C Act1988.
The genesis of the case is as follows :
2. The instant case being RLBSK 2009E003, emanated on the basis of a written complaint dated 15.1.2009 filed by the General Manager and Chief Vigilance Officer, Canara Bank, against 9 accused persons with allegations inter alia that M/s. Raiganj solvent oil industries, Pvt. Ltd. Raiganj, promoted and managed by Rajkumar Rathi with Santosh Devi Rathi as
The court emphasized the necessity for fair investigation and the importance of evidence in determining criminal liability in cases of alleged conspiracy and fraud in loan sanctioning processes.
The court established that a lack of prima facie evidence warrants quashing of criminal proceedings, emphasizing the limited scope of judicial review under Section 482 of the Cr.P.C.
Bail in economic offences should be denied to protect the larger public and state interest and prevent tampering with witnesses.
Disciplinary actions must adhere to principles of natural justice, and failure to provide relevant evidence undermines the validity of proceedings.
A lack of prima facie evidence for conspiracy negates the framing of criminal charges against a bank valuer who submitted inflated property valuations.
Sec. 17-A of the Prevention of Corruption Act requires prior approval for investigations into offenses by public servants only when those offenses are related to their official functions, and such ap....
The main legal point established in the judgment is that charges of misconduct proved in a departmental inquiry can lead to dismissal from service, and the court will not interfere if there is no ill....
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