Scope of Companies Act and Code of Criminal Procedure.

Veeraswami, C.J.-Writ Appeals Nos. 554 of 1971, 69 of 1972 and 70 of 1972 are directed against the judgment of Ramaprasada Rao, J., dismissing the Writ Petitions Nos. 1916 of 1971, 1917 of 1971 and 1918 of 1971, preferred under Article 226 of the Constitution of India for the issue of writs of certiorari calling for the records in R.C. No. 2 of 1971-S1V relating to the warrants issued by the Chief Presidency Magistrate, Egmore, Madras dated 7th June, 1971, and to quash the said warrants, while Writ Appeals Nos. 555 of 1971, 71 of 1972 and 72 of 1972 are directed against the judgment of Ramaprasada Rao, J., dismissing Writ Petitions Nos. 2394, 2395 and 2396 of 1971 preferred under Article 226 of the Constitution of India for the issue of Writs of mandamus directing the first respondent therein, the Company Law Board, to withdraw the complaint lodged by it with the Central Bureau of Investigation and to refrain from prosecuting their investigation or taking any further action in the matter of the alleged violation of sections 420, 477 and 120-B of the Indian Penal Code in relation to the appellant companies.

2. The first appellant in these writ appeals, namely, the Indian Express (Madurai) Private Limited, the Express Newspapers Private Limited and the Andhra Prabha Private Limited, are the subsidiaries of the Indian Express Newspapers (Bombay) Private Limited. The aforesaid group of companies owns, prints and publishes newspapers and periodicals from different centres in India, such as Madras, Madurai, Vijayawada etc.The second appellant in these writ appeals is R. N. Goenka who at all material times was and is still connected with the aforesaid companies as Managing Director, Director or shareholder.

3. During August, September, 1969, one Mr. N. H. Iyer, an Officer of the Company Law Board, inspected the books of accounts of the Express Newspapers Private Limited, Madras and the Indian Express (Madurai) Private Limited under section 209 (4) of the Companies Act. He is said to have examined all the ledgers excepting one Volume which was not available and perused the minutes book kept by the company and also the accounts of brokers who had commercial dealings with the company and had visited the Registered Office of the Indian Express (Madurai) Private Limited, inspected the investments and the ledger accounts pertaining thereto and took relevant copies of accounts and extracts therefrom. Subsequently about a year later, between 14th August, 1970 and 21st August, 1970 one Mr. Puri, an Officer authorised to act under section 209 of the Companies Act of 1956, inspected the records of the Andhra Prabha Private Limited at Vijayawada, including the minutes book, bank files, accounts etc. On 19th September, 1970, Mr. Puri submitted an elaborate inspection report under section 209 (4) of the Companies Act in respect of M/s. Andhra Prabha Limited, Vijayawada. In his report Mr. Puri had stated that during the course of his inspection he noticed certain transactions carried out by the company which were very shady in character and questionable. He felt that there was a fictitious transaction of purchase of Indian printing paper, booked in 1967-68, and consequent inflation of stocks of newsprint of the company with intent to defraud the Punjab National Bank on the one hand and with a view to camouflage the heavy debit in the account of and due from M/s. Gopikishan Ramakishan in the books of M/s. Express Newspapers Private Limited at the time of their annual closing of accounts as at 31st March, 1968 and on the other hand and a fictitious loan to M/s. Radhakrishna Dalmia and Company, the firm of share-brokers. and false statements had been made to the Indian Bank Limited for procuring overdraft facility against pledge of shares and misappropriation of shares in the Indian Iron and Steel Company and there were also instances of suppression of facts and of otherwise incorrect statements in the audited balance-sheet and profit and loss account o

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