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

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE CRR 2705 of 2019 Ashok Ghosh Vs.

The State of West Bengal & anr.

For the petitioners : Mr. Sabir Ahmed Mr. Sayak Ranjan Ganguly Ms. Srijani Ghosh Ms. Indrarni Majumder For the State : Mr. Debasish Roy, Ld. PP Ms. Anasuya Sinha, Ld. APP Mr. Dattatreya Dutt Heard on : 19.05.2025 Judgment on : 17.06.2025 Dr. Ajoy Kumar Mukherjee, J.

1. The only point raised for determination in the present application is whether the instant criminal proceeding being English Bazar Police station case no. 981 of 2018 dated September 14th, 2018 under sections 406/420/34 of the Indian Penal code is liable to be quashed in view of an earlier criminal proceeding initiated by the present petitioner being English Bazar police station case No. 99 of 2018 dated February 5th, 2018 under sections 420/406 of the IPC (said two proceedings are hereinafter called as subsequent FIR and former FIR respectively).

2. Petitioners contention in a nutshell is that the petitioner was the branch manager of L&T Finance Company Malda, and under his official capacity he has lodged the abovementioned former FIR being English Bazar P.S. case no. 99 of 2018 against one Basant kumar Podder under section 420/406 of IPC. In the said complaint, Tapasi Das (who is the complainant of the subsequent FIR), Bijay Sahani and Ram Kumar Chowdhury have put their signature and joined under the status of complainant. Petitioner further contended that during the course of investigation said witness Tapasi Das was examined under section 161 of the Cr.P.C. along with other witnesses and after completion of investigation police have submitted charge sheet in the said proceeding. About seven month after lodging the former FIR, said witness Tapasi Das preferred an application under section 156 (3) of the Code before the Court below implicating present petitioner along with said Basant with almost similar nature of allegation and learned Magistrate directed O/C English Bazar police to cause investigation treating the petitioner of complaint filed by Tapasi Das as an FIR, which has given birth to the instant proceeding under subsequent FIR being English Bazar police station case no. 981 of 2018.

3. Being aggrieved by the aforesaid subsequent FIR, Mr. Sabir Ahmed learned Counsel appearing on behalf of the petitioner submits that the present petitioner when lodged the former FIR being case no. 99 of 2018, has specifically stated that Basant Kumar Podder was working as a field officer since 2015 and while working, he used to collect money from different persons viz., Tapasi Das and others and he was entrusted to collect money on behalf of the company and was supposed to submit the money with the company. Thereafter it transpired that despite collecting a sum of Rs. 14,27,521/- from Tapasi Das and others, said accused Basant did not deposit the said amount of money with the company. He also submitted that said accused Basant after mis appropriation of aforesaid money collected from various persons has fled away. The company has also issued notice to said Basant and thereafter terminated him from the service.

4. During the course of argument Mr. Ahmed specifically alleged that the company was not made aware about the misappropriation of the money collected by Basant and only when it was detected it could be learnt that both Tapasi and Basant were in collusion with each other to mis appropriate the money and since the petitioner has lodged the complaint against Basant for taking appropriate legal action and as Tapasi is also involved in mis appropriation of the money, she in order to save herself has come up with the subsequent FIR with the allegation that the present petitioner and Basant both are responsible for mis appropriation of the money collected through her.

5. He strenuously argued that it is apparent that the subject matter of mis appropriation of money is to the tune of