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TMI Blog2023 (6) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... icts or limits their capabilities. Such natural powers should only be used sparingly and with caution. In State of Haryana v. Bhajan Lal [ 1990 (11) TMI 386 - SUPREME COURT] , a two-Judges Bench of the Supreme Court of India considered in detail the provisions of Section 482 and the power of the High Court to quash criminal proceedings or FIR where it was held that The Government order authorised the Inspector General of Police to investigate only the offences failing under Section 5 of the Act. Therefore, the SHO who has taken up the investigation of the offences inclusive of those under Section 161 and 165 IPC is not at all clothed with any authority to investigate these two offences, registered under the IPC, apart from the offence under Section 5(2) of the Act. The matter at hand is not a rare case that justifies the Court's interference at the investigation stage. The allegation in the FIR makes out a prima facie case against the accused, and for this reason, the FIR registered in the Hare Street Police Station under Sections 120B/406/465/467/468/471/420 of the Indian Penal Code, 1860 should not be quashed. There are no reason to interfere with the investi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, Vishal Rai and Shweta Rai, who are minority shareholders of Palogix, created a resolution dated 01.02.2022 and appointed one Mr. Atul Paliwal as the director of Palogix. It is contended by the opposing party that Mr. Mishra tried to part with the possession of Durgapur Freight Terminal belonging to Palogix in favour of one Durgapur Freight Terminal Private Limited (DFTL) which is a company run by one Ajay Malviya, an associate of Ramesh Saran Rai. An agreement was entered by Palogix for transfer of license to carry on freight terminal business upon DPTL by virtue of a MOU dated 05.01.2017 which was cancelled by an agreement dated 31.12.2018. It is contended that the accused persons have been diverting revenue receivable by Palogix to various third party entities in order to cause wrongful loss and this was brought to the notice of Coke Oven Police Station, Durgapur, on 13.10.2022. 4. On 27.01.2023, GCL LLP gave a notice for convening an extraordinary general meeting (EGM) of the company on 20.02.2023. It is contended that the opposite party tried to upload relevant documents for the appointment of directors Kamal Singh Bhutoria and Sham Prem Rajka, when the system showed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent No. 2 has used the seal of the Company, he has no right and authority to use the said seal in the petition of complaint. Mr. Mukherjee refers to an application filed by the petitioners against respondent No. 2 and the Company before the National Company Law Tribunal (NCLT) alleging mismanagement and oppression against Respondent No. 2 and the said proceeding is pending. Moreover, Palogix underwent Corporate Insolvency Resolution Process (CIRP) in 2017 and the FIR no. 1 accused was declared as successful Resolution applicant. The respondent No. 2 had no authority to convene any extraordinary general meeting of the Company on 20th February, 2023. No notice of such perported meeting was served upon the petitioners. The respondent No. 2 had no share in the Company. As he acted against the interest of the Company, the petitioners were compelled to file an application under Sections 241,242 and 244 of the Companies Act. 8. Mr. Mukerjee next takes me to the order dated 3rd April, 2023 passed by the learned Chief Metropolitan Magistrate, Calcutta wherein I.O s prayer for issuance of search warrant was allowed but the prayer for issuance of warrant of arrest against the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt No. 2. 12. Having heard the learned Advocates for the parties and on perusal of the materials on record, the issue involved in the instant revision is as to whether the criminal proceeding instituted against the petitioners is liable to be quashed under Section 482 of the Cr.P.C. 13. With extensive scope and ramification, inherent powers under Section 482 of the Criminal Procedure Code include the power to stop any criminal case pending before any court subordinate to the High Court. Depending on the specifics of a case, these powers may be used to secure the ends of justice, prevent abuse of any court's process, and issue any orders as may be necessary to give effect to any order under the Code. The court can always take note of any injustice and stop a criminal proceeding by using its authority under Section 482 of the Criminal Procedure Code. No other clause of the Code restricts or limits their capabilities. Such natural powers should only be used sparingly and with caution. In State of Haryana v. Bhajan Lal (1992 Supp.(1) SCC 335), a two-Judges Bench of the Supreme Court of India considered in detail the provisions of Section 482 and the power of the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he criminal proceeding should not be nipped in bud and quashed. 15. Mr. Deepak Joshi, the nominee director of GCL Logistic Terminal LLP, in the complaint to the Officer-in-Charge of Hare Street Police Station dated 21st February 2023, against Mr. Sanjay Kumar Mishra alleges that GLC Logistics Terminal LLP gave a notice dated 27th January, 2023 for convening the Extra-Ordinary General Meeting of the said company on 20th February, 2023 in terms of Section 100(4) of the Companies Act, 2013. The said meeting was held on 20th February, 2023 at 1:00 p.m. In the Extra-Ordinary General Meeting, the names of two persons were passed to be appointed as the Directors of the Company. Subsequently, the results of the said meeting were also forwarded to the necessary authorities. It is alleged in the complaint that as Mr. Deepak Joshi was trying to upload the details and outcome of the Extra-Ordinary General Meeting dated 20th February 2023, on the portal of the Ministry of Corporate Affairs, he could not upload the same as the system showed an error message Form DIR-12 is already pending for approval against the CIN U45201WB2007PTC162847 . While submitting the hard copy with the Registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority has the scientific technicalities to examine admitted and purported signature of a person, it is not desirable for the court to take the duty of physically compare the signatures of the defacto complainant. 18. Thirdly, the allegations are neither absurd nor inherently improbable. There are suitable grounds for proceeding with the investigation as there are reasons for doubts because Mr. Joshi could not upload the minutes of the EGM held on 20th February, 2023 as this resignation letter, as well as Form DIR 12, was uploaded, which was confirmed by the Registrar of Companies. Moreover, there is no express legal bar for the issuance and continuation of the proceedings, which would compel this court to quash the proceedings. 19. Lastly, this Court has no reason to believe that this criminal proceeding is manifestly attended with mala fide or that the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and to spite him due to private and personal grudge. In Sanapareddy Maheedhar and Another vs State of Andhra Pradesh : AIR 2008 SC 787 , which dealt with a similar issue of quashing a proceeding under S. 478 of the CrPC, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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