High CourtsSingle Bench(2015) 06 TP CK 0048

Dibyendu Bhowmik and Others vs Sanjib Das and Others

Tripura High Court · Decided on 19 June 2015

HON’BLE JUDGES
Deepak Gupta, C.J
RESULT
Disposed off
CASE NUMBER
Criminal Petn. 09 and 23 of 2010 and 01 of 2011

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Judgment

9 paragraphs · 323 words

Deepak Gupta, C.J.

1.

All these three petitions are being disposed of by a common Judgment.

2.

FIR No. 162 of 2010 was registered in the Police Station R.K. Pur on 16.05.2010.

3.

Briefly stated the facts of the cases are that a company known as Oven Commerce Private Limited (OCPL) had opened some offices in the State of Tripura. According to the complainant, the accused persons had committed offences under Sections 406/417/418 and 420 IPC. It was alleged that this company painted a very rosy picture of its finances and induced many persons to take out insurance policies through the company. It is further the case of the complainant that in fact in many cases no policy was taken out and the money of the poor subscribers has been grabbed.

4.

Some of the accused have filed these three petitions praying for quashing of the FIR. During the pendency of these petitions even as per the police investigation, no case is made out against Shri Tinku Brata Das petitioner in Crl. Petn. No. 23 of 2010. Therefore this petition has become infructuous.

5.

As far as the petitioners in the other two cases are concerned, charge sheets have been filed by the police. Since the entire material is before the trial Court, these petitions are disposed of with the directions that if charges have still not been framed at the time of framing of the charge, the accused shall be heard and the officer shall pass a reasoned order at the time of framing of the charge.

6.

All the three petitions are disposed of in the aforesaid terms.

7.

The stay order is vacated. Send back the LCRs forthwith.

8.

The petitioners in Crl. Petn. No. 09 of 2010 and Crl. Petn. No. 01 of 2011 are directed to appear before the trial court on 22nd July, 2015 failing which the trial court shall issue non-bailable warrants to secure their presence.