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TMI Blog2005 (2) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... sh the criminal proceedings initiated against him. The learned Single Judge declined to quash the proceedings and hence this appeal. 4. One Pranab Kumar Nag was an employee of M/s M.L Dalmiya & Co. Ltd. During the course of his employment, he had been posted at various work sites of the company and on 11.9.1999 he was transferred to the work site of the company's stores located at 160, B.L. Saha Road, Kolkata. It seems that pursuant to the transfer order, Pranab Kumar Nag did not join duty and after a period of about two years he sent in a letter of resignation written in his own hand wherein he expressed his grievance of stagnancy of salary and also alleged that he was a victim of unfortunate circumstances. The company accepted his re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght. It is also alleged that the drivers who had been present at the work place had been having non-vegetarian food. He also complained that he had to work even on Sundays. He further stated that one day he could leave the work place at 8 o' clock in the evening and all the restaurants were closed and that he reported the matter to the present appellant. 5. There is absolutely no averment in the alleged suicide note that the present appellant had caused any harm to him or was in any way responsible for delay in paying salary to deceased Pranab Kumar Nag. It seems that the deceased was very much dissatisfied with the working conditions at the work place. But, it may also be noticed that the deceased after his transfer in 1999 had never ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated or resulted in the commission of suicide by deceased Pranab Kumar Nag. 7. Apart from the suicide note, there is no allegation made by the complainant that the appellant herein in any way was harassing his brother, Pranab Kumar Nag. The case registered against the appellant is without any factual foundation. The contents of the alleged suicide note do not in any way make out the offence against the appellant. The prosecution initiated against the appellant would only result in sheer harassment to the appellant without any fruitful result. In our opinion, the learned Single Judge seriously erred in holding that the First Information Report against the appellant disclosed the elements of a cognizable offence. There was absolutely no grou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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