IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay C.R.R. 168 of 2014 With CRAN 5/2017 (Old CRAN 1079/2017)

Sushil Mohta -Vs-

The State of West Bengal & Anr.

With C.R.R. 656 of 2014 With CRAN 2/2016 (Old CRAN 1421/2016)

With CRAN 5/2017 (Old CRAN 1080/2017)

Vikash Mimani -Vs-

The State of West Bengal & Anr.

With C.R.R. 657 of 2014 With CRAN 5/2017 (Old CRAN 1227/2017)

Navneet Baheti -Vs-

The State of West Bengal & Anr.

For the Petitioners : Mr. Sudipta Moitra Mr. Sourav Chatterjee Mr. Saptarshi Datta Ms. Srinjita Ghosh Mr. P.K. Pal For the State : Mr. Avishek Sinha For the Opposite Party No.2 : Mr. Aditya Sen Heard on : 31.08.2023, 03.10.2024, 02.01.2025, 28.01.2025 Judgment on : 15.05.2025 Ananya Bandyopadhyay, J.:-

1. The instant revisional applications are filed by the petitioners praying for quashing of proceedings being A.C. No.60/2013 pending before the Learned 5th Judicial Magistrate, Alipore, South 24-Parganas under Sections 465/468/469/506/120B of the Indian Penal Code and all orders passed therein including the order dated 29.06.2013 passed by the Learned 5th Judicial Magistrate, Alipore, South 24-Parganas thereby issuing process against the petitioners and an order dated 05.01.2013 passed by the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas in A.C.G.R. Case No.3320/2011 which was pending before the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas arising out of Jadavpur Police Station Case No.131/2010 dated 11th March, 2010 under Sections 471/465/468/506/120B/384 of the Indian Penal Code and under Sections 66A/66B/66C/72/72A of the Information Technology Act thereby directing the case to be registered as a complaint case, taking cognizance of offences punishable under Sections 465/468/471/506/120B of the Indian Penal Code and transferring the case to the Court of the Learned 5th Judicial Magistrate, Alipore, South 24-Parganas for enquiry and disposal.

2. The instant revisional applications had been filed by the petitioners praying for quashing of proceedings being A.C. No. 60/2013 pending before the Learned 5th Judicial Magistrate, Alipore, South 24-Parganas under Sections 465/468/469/506/120B of the Indian Penal Code and all orders passed therein including the order dated 29.06.2013 passed by the Learned 5th Judicial Magistrate, Alipore, South 24-Parganas thereby issuing process against the petitioners and an order dated 05.01.2013 passed by the Learned Additional Chief Judicial Magistrate, Alipore, South 24-Parganas in A.C.G.R. Case No. 3320/2011 which had been pending before the Learned Additional Chief Judicial Magistrate, Alipore, South 24-Parganas arising out of Jadavpur Police Station Case No. 131/2010 dated 11th March, 2010 under Sections 471/465/468/506/120B/384 of the Indian Penal Code and under Sections 66A/66B/66C/72/72A of the Information Technology Act, thereby directing the case to be registered as a complaint case, taking cognizance of offences punishable under Sections 465/468/471/506/120B of the Indian Penal Code and transferring the case to the Court of the Learned 5th Judicial Magistrate, Alipore, South

24-Parganas for enquiry and disposal.

3. The petitioner had stated that he had been the Managing Director of a company named and styled as Merlin Projects Ltd. (hereinafter referred to as 'MPL'). MPL had been registered and incorporated under the provisions of the Companies Act, 1956 and had its registered office at 79, Sambhunath Pandit Street, PS-Bhowanipore, Kolkata-700020. MPL had carried on business of construction and/or infrastructure development all over the country and had gained goodwill and reputation in the infrastructure sector.

4. MPL had commenced its business in 1983 and over the years had completed many projects and had been in the process of completing several more. The petitioner, as Managing Director of MPL, had acquired immense reputation and goodwill. The petitione