Calcutta High Court (Appellete Side)
Rajendra Singh Parihar & Anr vs Unknown on 14 August, 2023
14.08.2023
Serial no. 29
[G.S.D]
CRR 2929 of 2023
In the matter of : Rajendra Singh Parihar & Anr.
... ... Petitioners
Mr. Sourav Chatterjee
Mr. Shiv Ratan Kakirania
Mr. K. Sharma
... For the Petitioners
Mr. Chatterjee, Learned Advocate for the petitioners,
submits that the next date has been fixed on 17 th of
November, 2023 for hearing the petition of the CBI in
respect of 'closure of further investigation'.
Learned Advocate submits that, in this case, the
accounts which have been placed by the Investigating
Agency, are full of inconsistencies and they do not tally with
the income tax return of the petitioner no.1 as well as that
of the petitioner no.2, who happens to be the wife of the
petitioner no.1, who is a public servant.
According to the Learned Advocate, the CBI has
accepted the proposition of business of the wife/the
petitioner no.2 being carried out since 1989.
However, Investigating Agency submitted charge-
sheet against her/the petitioner no.2.
The investigation in this case commenced in the year
2014 and, it is almost 9 years, since the initiation of the
investigation and till date, the lady is being drawn to the
Court of law without any fault of her, as is submitted by the
Learned Advocate for the petitioner.
Be that as it may, the next date has been fixed on
17th of November, 2023 for hearing of the application for
'closure of further investigation' before the Learned Special
Court.
The check period as has been stated by Mr.
Chatterjee is from 2004 to 2011. The petitioner no.2 is
carrying on the business since the year 1989.
The Learned Trial Court would assess after 9 years,
whether it would be prudent to pursue with the complicity of
the petitioner no.2 when it is accepted by the Investigating
Agency that there was a existing business.
So far as the amount is concerned, which has been
quantified to be disproportionate, the Learned Trial Court
would take into account relying upon the Judgment of the
Hon'ble Supreme reported in [Krishnanand Agnihotri -Vs-
State of Madhya Pradesh (1977) 1 SCC 816] and thereafter
arrive at its findings as to whether further continuance of
the trial of the case would be called for in the background of
the facts and circumstances of the present case.
The next date has been fixed on 17 th of November,
2023 before the Learned Special Court and the Learned
Special Court seeing the agony being faced by the
petitioners for the last nine years, would fix at least one
date in a fortnight, if any application is filed and dispose of
such application within a period of 45 days from the date of
filing of such application.
With the aforesaid observations, CRR 2929 of 2023 is
disposed of.
Pending application, if any, is also disposed of.
Parties to act on a server copy of this order, duly
collected from the official website of the Hon'ble High Court,
Calcutta.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties, subject to compliance
with all requisite formalities.
(Tirthankar Ghosh, J.)
