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    CRM (DB) 445 2024 Prosenjit Tarafder

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    CRM (DB) 445 2024 Prosenjit Tarafder

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    CRM(DB) 445 2024 Prosenjit Tarafder

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    CRM (DB) 445 2024 Prosenjit Tarafder

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    nil1adh

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    — bat cage tea aloes gp RUC geisfrery FORM -A osfee] Presentation Form farvel Lave SIDE) Rn (DB) Crivninell mice cove. a Pe CHAPTER-XIK APPERS CASE TYPE { See Tabla 1}Code Fait - CEneeaeseSsBeaHReSHEsee of 2024 (umber 0 be gion ty She ofa 24 cite Code (atte Noth AM. \Bewry 3. Pabonér(s Appaltant(syAppcan(s) Pronenyit Tera tder sawion a)MobileNo.: AUBA BUGS” byemaitis 4. Gender of the Petitioner{syAppelant{sy 2 Male, Female Tr ‘Aachen Tek) <= [ j ‘S{a) Age ofthe Petiioner(sAppeltantisy Appicani(s) : (0) Date of Birth : 6 Castel the Petitoner(sVAppelanlsyAppicants): Hickey, 1. Compe PostalAdiess(wihPWCadelot — : Boot. Gromti Kollitelo. P.§ ~ Nocras Pebitoner(s¥Appeiat(sVAppicai(s) Redachak Gopalipur . P-o- megan nord. &Peboners)AppeliansYApplcant(s) Advocate ener eect evr! s)BarRegtabintte.: =] nyu) B54 / Beit ig, aa: eae taet tymebienc.: 3g5'A haad, demalit: Soman. a 8 Respenderifs Opposite Paty (Parts The Stete ot cost ae BANOS 10. Gender of the Respondenl(sOpposite Party (Parties) : 11. Complete Postal Adtress (wit Cofectite = Responden(syOpposte Party (Pres) 7 12, RepeeteYOpptePaty Pata}Adncte:Comeettation oF OAT 2) set calgon Cote Sortie); PNG Gop; Carmi HEED. 1 14, Case Stage Code (See Table -l) BBO Comecttation Ot oil 15. Aclis) : U4|S--439(a) ot Cade et emf Proceture 16, Role(s) : + i 1993, 17. Working Section Code {See Table V) : @a. Crimi Section. 18. Date offing : OG- a-30ay 18. Contested Casotype : Wo ot20 20, Lower Court ntrmation (ony) Lower Court Details DistriclHigh Tribunal District; Disit Coram District Code (Table Vij Lower Cout ase No.2 Rx nn OOK, sn Of 20. dudgemertiOrdorDated: QS 1 - Bogity DateotTransier: Connected Lower Court Cases: : 21. ToboLised MonAppcaton and 2A ONY. In COUN BB nrmnnne 22. Special Mantel Information {if any) Daied 06 -A-Q0ay ‘Sionature of he Advocate for the Pettioner (s) DISTRICT: 24 PARAGANAS NORTH 6296 RECEIVED ON anal Be aw FOR HEARING! Od- WY | 08 gE8 a Office of Public Prosecutor High Court, Calcutta IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION In the matter of : C.R.M. (D.B.) No. a4 Sof 2024 -And- In the matter of : An application for cancellation of bail-under section 434(2) of the Code of Criminal Procedure, 1973; -And- In the matter of : Order dated 25.01.2024 passed by the Learned Addl. Judicial Magistrate granting bail to the opposite party no.1 in connection with Narayanpur Police Station Case No. 11 of 2024 dated 18.01.2024 under sections 420, 467, 468, 471, 477 A, 511, 120B of the 1860, now Indian Penal Code, pending before the Court of the Learned Additional Chief Chief thereby Judicial Magistrate, Barrackpore, North 24 Parganas; G.R-Ne- Boe ot Boay -And- In the matter of : Prasenjit Tarafder, Son of Late Prasanta Tarafder, residing at Bara Ganti Kalitala, Police Station - Narayanpur, Rajarhat Gopalpur Post Office Ganganagar, North 24 Parganas, Kolkata, PIN Code: 700132. e Petitioner / Defacto Complainant -Versus- 1. The State of West Bengal, -+- Opposite Party no. 1 2. Sukalyan Halder son of Santosh Halder, Secretary of the Barrakpore Diocesan Council and secretary of St. Stephen's school, Dum Dum, having permanent resident at 18 floor, Usha Anakul Residency (beside Subarna Lata marriage hall), 14/3 East mall Road, Post office Mall Road, Kolkata 700080. Rt Rev. Subrata Chakraborty, Bishop and President of Barrakpore Diocese, St Stephen’s school, having office al 86 Middle Road, Barrakpore, Police Station Barrakpore , District North 24 Parganas,West Bengal PIN Code: 700120, Debraj Patra, Director of Katha O Kahini’ (Book sellers) Pvt. Ltd. Having office at 13, Bankim Chatterjee Street, P.O+P.S: Amherst Street, Kolkata - 700009 permanently residing at 2% floor of the building beside Kedar Bhaban, Surah E Road, Surah Cross Lane, P.S ~ Fulbagan, Beleghata, Kolkata, PIN Code: 700010. Ramnath Prasad, the then Senior Intelligence Officer, Directorate General of GST Intelligence, Kolkata Zonal Unit, 4/2 Karaya Road, Kolkata 700017. 6. Rt. Rev. Paritosh Canning, Erstwhile Moderator’s Episcopal Commissary, the Diocese of Barrackpore, presently working as the Bishop of Kolkata having present office address at, Bishop House Kolkata, 51, Chowringee Road, PIN Code: 700071, -+- Opposite Parties / Accused Persons To The Hon'ble T.S. Sivagnanam, Chief Justice And His Companion Justices of the said Hon’ble Court. The humble petition on behalf of the petitioner / defacto complainant above named - Most Respectfully Sheweth:- 1 ‘That your petitioner statcs that he has not filed any other petition praying before this Hon’ble Court or any other Court of Law for cancellation of bail of the accused persons in connection with Narayanpur Police Station Case No. 11 of 2024 dated 18.01.2024 under sections 420, 467, 468, 471, 477 A, S11 and 120B of the Indian Penal Code, 1860, pending before the Court of the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas, therein praying for same and/or similar reliefs. ‘That your petitioner is a peace loving and law-abiding citizen of India, aged about 49 years and a permanent resident of Bara Ganti Kalitala, Police Station - Narayanpur, Rajarhat Gopalpur, Post Office Ganganagar, North 24 Parganas, West Tengal, PIN Code: 700132. On the professional score, the petitioner is presently an unemployed fellow who had been keenly associated with the schools under Barrackpore Diocese and had been working in the school called St. Stephen's school at Rajarhat since early 2011 as gate keeper. The then management verbally assigned the petitioner further duty of caretaker and allowed him to reside within the vicinity of school premises. By dint of his close association with the institution/ organization, he came to aware of some irregularities and/or improprieties carried on day by day under the organization. ‘That your petitioner states that the opposite party no. 2 is the Scerctary of the Managing Committee, St. Stephen School, Dum Dum, and the other opposite parties are also keenly associated with interest and/or the office bearers of both the dioceses of Barrackpore and Kolkata under the CNI. It is pertinent to mention that the various schools under both the Diocese are established and governed under Article 30 of the Constitution of India Before delving into the narration of the instant case, certain facts, which are germane for proper adjudication of the present application may be delineated as follows: a. Your petitioner states that since he raised objection and protested against the prevailing misdemeanor and/or corruption perpetrated by the office bearers of the organizations, they robbed off his basic means of survival and eacked him from his service without assigning any acceptable reason. b. That all those teachers and non-tcaching staffs who protested against such illegal activities, not only washed away their hands from service but inflicted with false and fabricated criminal cases. The petitioner is the one amongst the five accused persons whom have been made accused in Dum Dum P.S. case No. 28 of 2023 dated 12.01.2023 on the ground of not having requisite qualification to be appointed as a teacher in St. ated, Stephen’s school and some other minor fabri grounds, Copy of the Fir No. 28/2023 dated 12.01.2023 is Annexed and marked as Annexure P/1 ¢. Itis stated that a title suit bearing no. 107 of 2022 before the Learned Civil Judge (Junior Division) Bidhannagar was filed by the opposite party no 1 against the petitioner to evict him from his residential premises and failed to secure order in his favour, The opposite party No. 1 preferred an appeal by filing C.O. bearing No. 4027 of 2023 before Hon'ble High Court at Calcutta and somehow, stayed the solemn order of the Court below vide order dated 23.11.2023. However, this petitioner/de- facto complainant approached the Highest Forum by filing Special Leave to Appeal (c) bearing No. 1747/2024 impugning the order dated 23.11.2023, wherein an order has been passed on 25.01.2024 inter alia, stayed the order of the Hon’ble High Court dated 23.11.2023 till further hearing. Copy of the interim order of stay dated 25.01.2023 passed in Special Leave to Appeal (c) No. 1747/ 2024 is Annexed and Marked as Annexure P/2. Your pelilioner slales thal since, he had been closely associated with the functioning of the Diocese, he came to aware of the factum of rampant corruption and humungous misappropriation of public funds, That the petitioner lodged complaint on 04.12.2023 before the Inspector in Charge, Narayanpur police station. The concerned police station did nothing and the petitioner raised complaint before the Commissioner of Police, Bidhannagar Police Commissionerate on 07, 12. 2024, Thereafter, the petitioncr filed one complaint case under section 186 (3) Cr. P.C before the Learned Addl. Chief Judicial Magistrate at Barrackpore bearing M.P. case No. 59 of 2024 with some supporting documents. The Learned Court was pleased to ccted the Inspector in pass an Order on 15.01.2024 inter alia, Charge, Narayanpur Police Station to treat the complaint of your petitioner as the First Information Report. Thereafter, FIR was lodged by the Narayanpur P.S. bearing FIR No. 11/2024 dated 18.01.2024 under sections 420/ 467/ 468/471/477A/S11/ 120B of the Indian Penal Code, 1860. Copy of the Order dated 15.01.2024, FIR no. 11/2024 and the application filed U/s 156 (3) of the Cr. P.C along with the annexures are hereby annexed and Marked ou Annexure P/3. 7. Thereafter, the concerned police station served notice to your petitioner under section 91 of the code of Criminal Procedure code read with section 160 of the Cr. P.C ,1973 and asked your petitioner to present before the Investigating Officer to produce relevant documents in respect of causing cxamination in connection with the case. Copy of the notice served under section 91/160 Cr. P.C and the seizure list are annexed herewith and marked as Annexure P/4. Your petitioner was astonished when the concerned police station remained silent to proceed with the Complaint and FIR No. 11/2024 even after the order of the Learned Court, the petitioner made complaint to the Commissioner of Police on 24.01.2024. Copy of the complaint dated 24.01.2024 addressed to the Commissioner of Police is annexed and marked as Annexure P/5. That the seizure was made in front of witnesses and there arc several important documents depicting the y misdemeanor, irregularities and illegalities caused by the office bearers of the Diocese under CNI. There is one agreement annexed to the 156 (3) application itself, from where it is being clearly transpires the corrupt and malicious intentions of the opposite party No. 1 and other office bearers of the different Dioceses which led to systematic takeover of the finance of the Dioceses under CNI. It is submitted that from the purported agreement dated 06.12.2020 executed between Diocese of Barrackpore, Church of North India and Katha O Kahini company Pvt. Ltd. Wherefrom it is transpiring that a massive amount amounting to rupees 1,10,00000/- cach year has been taken away in the name of donation from the book seller. The opposite party No. 1 is having exclusive control over the Barrackpore Diocesan Fund. Most of these amounts are taken in cash. The rebate for selling books of the book seller (primarily applicable to the students) are being transformed in to commission and/ or donation through a purported deed of contract and thus private and personal gains are being done at the cost of the others. Those donations amount never disclosed in the books of accounts of the Diocese and are being grab for personal benefits. It is submitted and drawn attention to this Hon’ble Court of a similar agreement executed between Assembly of God Church School, Park Street and Katha O Kahini wherefrom it is seen that the due discount amounting to rupees 10% of the book’s price has been given to all students. 10 Again, several forged cash memos in the name of S.D, Construction proprietor name Sanjib Das of 18 Dr. Jeevan. Ratan. Dhar Road, Kolkata -28 has been seized by the -10- investigation officer where from it is transpire that the aforesaid company supplied material and given service to the secretary, St. Stephen’s School, Dum Dum. It is submitted that a huge amount of money has been syphoned by way of this type of false and fabricated bills irregularities and improprieties are vivid upon perusal of bills. The petitioner astonished that the date of the all the bills and approval of the date of bills arc same, all the bills have been approved on the same day by the opposite party Nol. it is seen that UST has been collected against service and supply of building materials but the fact remains is that uo such massive amount of construction work carried out in the recent past. The cash memos against which bills have been sanctioned having neither any SAC (Services and Accounting Code) nor HSN (Harmonized system of Nomenclature) code. Surprisingly, such type of bills against which a massive amount has been transferred is not an appropriate format prescribed under section 31 of the CGST Act, 2017 and rule 46 of the CGST Rule. The entire forged amount is being grabbed by Suklyan Halder, opposite party nol. It is being necessitated to enquire into issue and custodial interrogation is necessary to the opposite party nol and others as well. It is pertinent to mentioned here that Mr. Sanjib Das, proprietor of M/S S.D Construction was a driver of the St. Stephen’s School Dum Dum. M/S S.D. Construction is factually managed and operated by the opposite party nol. It is submitted that in contravention to the verdict of the Hon’ble Supreme Court regarding alienation of Trust Property, the office bearers of the governing body of the founder body. especially, Sukalyan Halder, the Secretary, continuously trying 12, to sold out property of the schools and the Diocese. One page being page no 17 of a resolution taken on 28,10,2022 has been seized by the investigation officer, where form it is transpires that one resolution has been adopted for sale of lands including buildings of three schools on the pretext of financial crisis. Again, on a very recent past, one property of Nadia district under Murutia police station measuring about 73.50 satak has sold out by the diocese. Copy of the resolution dated 28.10.2022 and sale deed dated 10.04.2023 are annexed herein and marked as Annexure P/6. It is submitted that each and every where a rampant corruplion is going on under the diocesan school controlled by the accused office bearers. I have come across one set of bills issued by one Dipankar Gayen having mobile number 7044957316 to the St. Stephen’s school for supply, fitting and fixture of materials comes under “service (SAC) of GST” amounting to rupees 1,93,83,623/- dated 15/03/2022 with additional GST amount 34,89,052/- total amounting to rupees 2,28,72,675/-. Surprisingly, those bills are also not in conformity with the GST Act. GST are being collected in cash memo without following the prescribed format enumerated in the GST Laws. ‘The trade name of the business is ‘Dipankar Gayen’, it is a proprietorship, works at retail business and the date of GST registration is 14/06/2019. Dipankar Gayen raised those false and fabricated kachha bills on 15.03.2022 whereas, the GST registration had alrcady becn cancelled on 28/01/2022 contravening the provision of section 36 of the CGST Act, 2017. Such types of cash memos are being 13. 14. utilized for collection of GST and thus evasion of GST is done at the behest of the corrupt office bearers of the St. Stephen School. All are in hand in glove and they used to misappropriate the whole money for their own benefit. Copy of the bills dated 15.03.2023 of Dipankar Gayen and the website portal document showing status of GST registration are hereby annexed and marked as Annexure P-7. It is submitted that under the vail of the Mitre and the stole, the Bishop of Calcutta and the office bearers of the Diocese of Barrckpore leading a life of tuxury and leisure at the cost of the others. By virtue of being in the position and laking undue advantages of their offices, such a massive corruption has been perpetrated. All the accused persons/opposite parties in connivance with each other indulges in an illegal activity for their own personal gain. All the accused/opposite parties are running a racket of fabricating documents knowing the same to be forged for the purpose of transferring valuable security or to delivery any money, movable property or security. The concerned police authority has rightly lodged FIR under sections 420/ 467/468/471/477A/511/120B of IPC. Investigation in required to be done thoroughly at this initial stage for the sake of justice, It is submitted that in an carlier complaint, Mr. Ramnath Prasad, Senior Intelligence Officer, Directorate General of GST intelligence, Kolkata Zonal Unit was cngaged as investigating officer who conducted raid and got various documents to prove the allegations but for his personal gain and benefit, he did not unveil the corruption allowed such corrupt practices. 18. Under such circumstances, the opposite party No. 1 namely Sukalyan Halder filed one put up petition and surrendered thereafter filed one petition praying for bail - bearing No. 1619/ 2024 before the Learned Addl. Chief Judicial Magistrate at Barrackpore on 25/01/2024 and the learned Court below allowed the petition and enlarged the accused/opposite party No.1 on add interim bail without peeping in to the core issue of the offences and without any restraints of law. Learned Court below was guided only by the pending previous cases lodged by the present accused against the present complainant, The Icarned court below overlooked the evidences on record which reflects commission of cognizable and non bailable offences. Certified copy of the impugned order dated 25.01.2024 passed by the Learned Addl. Chief Judicial Magistrate is annexed and marked as Annexure P/8. 16. It is not only shocking, but baffles the mind of a prudent man as to how, inspite of the nature and gravity of the alleged offences and inspite of having materials available on record, allowed the A bail where the investigation is in the very initial stage. 17. The Learned Addl. Chief Judicial Magistrate, Barrackpore, at the time of granting bail did not apply his judicial mind to the fact that the accused are alleged to have been committed offences punishable with life imprisonment, at 19. 20. jal stage, when the accused appear or brought the very i before the Magistrate, the Magistrate would not have jurisdiction to release such person on bail. 18, ‘The Learned Court below failed to apply his judicial mind at the time of granting bail and failed to understand the legal proposition that when the accused is brought before a Magistrate for an offence punishable with death or imprisonment for life, then at the initial stage, the Magistrate cannot exercise any discretion in the matter of granting bail. The Learned judge below, with deepest respect to him, has failed to apply his judicial mind, in as much as where the materials on record disclosed commission non bailable offence, it is a bounden duty of the learned judge to consider the gravity of the allegation. The judicial duty of the judge enjoins upon him a more onerous duty and requires application of judicial mind at every stage to keep a cheque and maintain a balance between the efficiency of the investigating agency with established judicial norms so that no party to a proceeding should feel that the dice was heavily loaded against him or her. It is submitted that in the instant case it appears that the Learned judge failed to adhere to the settled cannons of law and resultantly passed an erroneous order which is otherwise not maintainable and is liable to be set aside and/or cancelled. Failure on the part of the Learned Judge to appreciate correct legal proposition qua the fact situation of the present case is evident from the records that the Learned. Judge ‘perused the perverse order case record’ and recorded su ai. ‘The petitioner states that the impugned order clearly states that there has been a failure on the part of the Learned Court to correctly assess the gravity of the offences as disclosed in the FIR and Seizure and committed by the opposite party no.1/acoused. The impugned order dated 25.01.2024 which suffers from such illegality is causing severe prejudice to the petitioner and the justice delivery system at large. It is submitted that the accused/ opposite parties are very influential persons having close relations with the senior leaders and ministers of the ruling political party. The accuscd/opposite party No.1 is a school teacher and representative of the District: Primary School Council (PPSC), Barasat, North 24 parganas and presently he has been assumed in the honorary post and working as the Secretary, St. Stephen’s school, Dum Dum. In the last election, the Chairman, DPSC, North 24 Pargana requested the District Magistrate, for exemption of Election Duty in favour of Sukalyan Halder. Further, these office bearers of the dioceses having strong connections with the supreme officials of the slate machinery as well as with the powerful political personalities. Copy of some photographs depicting the political and ions of the opposite parties are annexed bureaucrat conne herewith and marked as Annexure P/9. 23, The petitioner states that it is also necessary for the Learned Court granting bail to consider, amongst other circumstances, the following factors before granting bail: -16- ‘The nature of accusation and the severity of punishment in case of conviction. b, The nature of supporting evidence, Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant. d. Prima facie satisfaction of the Learned Court in support of the accusation. «. Detrimental effect that the order granting bail may Inve, on the efforts of the complainant to secure justice Here in this case, the Learned Judge at the time of granting bail not only forgot alll the above-mentioned principles of law relating lo the grant of bail, but also by passing such perverse order has made a mockery of justice. 24. ‘The petitioner states that the impugned order does not adhere to established principles of law and in a catena of decisions of this Hon’ble Court as well as the Apex Court, it has been clearly enunciated that an order which fails to take into consideration the correct state of affairs and does not pay heed to the relevant sections of law is not an irregularity but is an illegality which ought to be sct aside in order to restore justice, equity and good conscience. 25, It is trite law that reappreciation of material facts needs to be ensured when materials on record are not considered by the Learned Judge and the order granting bail in itself is improper. The Hon’ble Apex Court in Subodh Kumar Yadav vs. State of Bibar and Anr., reported in (2009) 14 SCC 638 has observed that if a superior court finds that the subordinate court has erred in its decision for granting bail by considering irrelevant material, or non-application of mind, or fails to take note of any statutory bar to grant bail, or failure to consider the statement of material witnesses under section 164 of the Code of Criminal Procedure, etc., at the time of consideration of the application of bail of the accused persons/respective opposite parties, in such cases, the bail is liable to be cancelled. 26. The petitioner states that unless the accused / opposite parties are taken into custody upon their bail being cancelled by this Hon’ble Court, the wagon of justice will suffer an irreparable breakdown and vital evidence may be lost and/or witnesses may be silenced or threatened during the course of the trial. Under such circumstances, it is imperative that. thia Hon'ble Court in order to further the cause of justice, be pleased to set aside the impugned order and remand the accused to custody. 27. The petitioner states that the impugned Order dated 25.01.2024 passed by the Learned Chief Judicial Magistrate, Barrakpore, thereby granting bail to the opposite party no.1, is otherwise bad in law and no consideration of merits at all and is liable to be set aside forthwith for the interest of justice. The application is bona fide and made in the interest of justice. In light of the above circumstances, it is humbly prayed that Your Lordships may graciously be pleased to allow And for this act of kindness, your petitioner, as in duty bound, shall ever pray. -18- the present application and be further pleased to set aside and/or quash the impugned Order dated 25.01.2024 passed by the Learned Additional Chief Judicial Magistrate, Barrakpore thereby granting AI bail to the opposite party no. in connection with Narayanpur. Police Station Case No. 11 of 2024 dated 18.01.2024 under sections 420, 467, 468, 471, 477 A, 511, 120R of the Indian Penal Code, 1860 {corresponding to G. R. Case No. 5806/2024), now pending before the Court of the Learned Additional Chief Judicial Magistrate, Barrakpore, and/or be further pleased to remand the opposite party nos. 1 to custody forthwith and/or to pass any order or orders as Your Lordships may deem fit and proper. Gm AFFIDAVIT Tanefelar— 1, Presenjity son of Late Prasanta Tarafder, aged about 49 years, by faith - Hindu, by occupation - unemployed, presently residing at Bara Ganti Kalitala, Police Station - Narayanpur, Rajarhat Gopalpur Post Office Ganganagar, North 24 Parganas, West Bengal, PIN Code: 700132 do hereby solemnly affirm and state as follows : 1, That I am the petitioner/defacto complainant of the instant case and as such I am well conversant with the facts and circumstances of the present case. I have gone through the relevant records and as such, Iam competent to affirm this affidavit. 2. That the statements madc in paragraphs 4231 16-23 are true to my knowledge, those made in paragraphs 4¢¢,73,.9 245 are matters of record while the rest are my respectful submissions before this Ion’ble Court. Prepared jx my office ex Mendel Pasongl Fofde Advocate Deponent is known to me E [244/259 ot 2511 lol before me Lip Ramer ohhe vers lay of February, 2024 Clerk to x Chelleny On this Sere Advocate” Commissioner * bor ‘Commissioner of Affidavit T certify Uhat all annexures are High Court, Appellate Side Calcutta legible and in proper form Advocate seer ; htt aon Ft nt care ie a Pree eee eeratie ont ‘i ~ oan Airmen P-2! “ITEM NO.13 COURT NO.12 SECTION XVI p- a SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.1747/2024 {Arising out of impugned final judgment and order dated 23-11-2023 in CO No. 4627/2023 passed by the High Court at Calcutta) PROSENJIT TARAFDAR Petitioner(s) VERSUS SUKALYAN HALDER & ANR. Respondent(s) (TA No.15834/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 25-01-2024 This petition was called on for hearing today. CORAM = HON’BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mrs. Anitha Shenoy, Sr. Adv. Mr. Rajib Mullick, Adv. Mr. Soumya Dutta, AOR Mr. Siddhant Upmanyu, Adv. Mr. Ayushman Awasthi, Adv. Ms. Namrata Sarah Caleb, Adv. Ms. Pariksha, Adv. Ms. Ayantika Saha, Adv. Mr. Gurmeet Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following ORDER Issue notice to the respondent returnable on 18.63.2024. Interim stay of the impugned order till the next date of hearing. (KRITIKA TIWART) (MALEKAR NAGARA3) COURT MASTER (NSH) » presecce fused taseg tthe) ext 1 1OR MACIS ATE RECORLS viet Noth Parga 59/2024 ZaPargann. resent: Sit RAHUL BIIATTACHARJEE (INCHARGE) HLACIM, Boerackpoe VERSES. Ordos Batts 15-01-2028 {hiss an applicaion Under Section 156 (uf he Coe of Criminal Preah, 17% Fel hy one 7 PRASENJIT TARAPDER- ero nt nang OFWARAYASPUR. rs esti ha otha nese he Pie or regen Siesta Catv ‘hs Ca, evo the mano as Hinds Cigpuzabie oiiene shill tures nwa, F ‘compat hos come wa he eye of Seen Ts i agin te accent aan Ake pot is alee Pale po he reo he i i ts peta peavey HI iva dha no case his en sant! Py eh [Aceon eu the pita on ad te WC NAHIAYANPUIR Poti Su ie tmpeeton in Fang ieee 4 tra the same gs Fist Tnkeamennn Me Cons iy ait tang pena esate ot Ua Whe peo ol pen ston joins Ty wake chow thar the Ban a pnt wll 84 tao Be Seta Adina To in paregraptnn Foreasin Beier tg! Foregotn8 Bence ), of Feb Bay Ameren’ PB } ous a FIRST INFORMATION REPORT 2013 to pad vcr hin 13 CPC LPS (on Pa ns ne Lihen' Tromalpaberr. = (0040 ae t0n (Natonaty.... oreo. tance Bana, Gort, uot Tota. ey 2. Ola ooo Space Unione i prtoson Haddan Sesnetahy {ate vepun at fete TOR ea 12, Aaton taka Sica te sbove request reves AEEALENAL SPL, Tre. ‘Sonatce tn Ofcarn cra, Ps Sith 4 havo SUBMARTCSE GOMES wacomptert roman yao Sa Tens paella 2 ndnanmags POE CT gr any = nara ae SBR coo cacaprteeennioee sy ee IN THE COURT OF THE LD Al MAGISTRATE AT BARRACKI .P. NO. Inthe} An ap REF: M. J In the The Cf i371, Sectic Corry| sect Inthe Prase| S/o Ly Resid] ay S Sey a! 1 »v) Iv TIONAL CHIEF JUDICIAL E. {2024 lidation u/s 156(3) Cr.P.C AND {matter oft ymplaint W/s 420/467 /408 /477A/511/120B LP.C, 9 of the Prevention of tion Act and several \s under the GST Acts, AND ter of jit Tarafder te Prasanta Tarafder Ing at Bara Ganti Kali Tala, Rajarpat, Gopalpur, North 24 Pargahas, Kolkata: ~ 700132. ...Complainant ‘VERSUS sukalyan Halder, Secretary if St. Stephens School, 2, Rt Rev. Subrata shakraborty, Bishop and sident of Barrackpore jocese, St. Stephens ‘hol, braj Patra, head of book ling company Katha O ‘ahini mnath Prasad, Office perintendent of DGGI. 5. Rt. Rev. Paritosh Canning, Moderator’s Episcopal ‘Commissary, The Diocese of . _ Barrackpore. 6. Other office bearers of Diocese of Barrackpore and Kolkata diocese under the Church of North India. Accused persons. Dat Oc ‘Since 2020 and thereafter in the month of July 2023 and the same is continuing WH date, ‘The humble petition on behalf of the Complainant named above, MOST RESPECTFULLY SHEWETH: y ‘That the above named Complainant was an ‘employee of St. Stephens School since the year 2008 and had served there with diligent, passion and honesty but was terminated from his job without any prior notice as the Complainant raised his voice against the illegal activities that was going on inside the diocese of Barrackpore and Kolkata under the Church of North India. a ‘That the Complainant hed been keenly associated with the schools under the Barrackpore diocese and had been some extent aware of the conspiracy of the above noted decused persons as those accused persons who had formed a group and are always active in earning money by way of illegal means inter Sia trying to sell the properties of the CNI to persone who dealt in them. They tried to sell the St. Stephens school of CNI situated at Rajarhat to the accused person Nog. The ‘Complainant carne to know that the accused persons in connivance with each other to Fulfil 3 4) their personal gain have taken huge amount of money from the accused person No.3 every year as'commission for selling books and ‘exercise copies in the group of schools under the diocese of Barrackpore of the CNI. The rebate for selling the books and exercise copies are being transformed into commission through a purported Deed of Contact and therefore private personal gains are being done at the cost of the diocese. Those commission amounts are never disclosed in the Books of ‘Accounts of the diocese and are being grabbed and utilized for personal benefits of the above noted accused persons. The Complainant reported the matter when it came to his knowledge, but the same was settled by the accused No.4 for his own personal benefits. Such conduct of the above noted accused persons also attracts section 9 of the Prevention of Corruption Act and GST evasion. ‘That the above noted Complainant raised his voice to such illegal activities and corruption done by the above noted accused persons in the name of the CNI. As a result the above noted Complainant was terminated from his services and also threatened with dire consequences. ‘That the accused persons in connivance with each other for their own personal gain ave been tryini roperties of the CNI ‘and also accepting huge amount of money jilegally with the help of false, forged. fabricat ts. and usi me as id gvading Tax, GST and _cheating the yment_and large for their ‘own persone] benefits, that the above noted: accused persons are wrongfully trying to transfer the property Of the CN for their personal benefits, thereby Causing great financial loss to the Diocese, Public and CNI. S. These above ni muiing a racket of abricating_documen’s Jenowing the same to-be e ing valuable security and. ¢ anslerring Wepament, pubic =t larse and He PGNT by committing _grass_financial ‘iumegularities. ‘Thot the matter has been reported to the local Nerayanpur Police Station on 30% November 2023 and algo to fhe ‘Commissionerate of Police on 7% December 2023, but to no result. Hence Your Honour would be pleased to send a copy of Petition of complaint to the 1/C. Narayanpur P. oe to treat the same as PLR U/s. 186(3) CRP.C. and or to cause investigation and or be Pleased to pass such other order/orders as your Honour deem fit and proper for the ends of justice. And for this act of Kindness your petitioner as in auy bound shall ever pray. Witnesses Complainant Mangal Das rome: Informatio’ to the Police Station and Commissioner of Police. 7. Many Others. yp ant I Prosenjit Tarafder, aged about 49 years, s/o Late Prasanta Kumar Tarafder, by caste and creed: - Hindu, by Nationality: - Indian, residing at Bara Ganti Kalitala, Rajarhat, Gopalpur, &.S:- Narayanpur, North 24 Parganas, Kelkata: - 700132, do hereby solemnly state and declare as follower - Affidavit 1. That am the Complainant of this instant case. ‘That [ am well aware of the facts and circumstances of this instant petition. 2. That no petition /Complaint is filed by me against the accused persons on the same same cause of boke Tnawoceke. Co Sg isn foes a 3 fosn Canning pete socratary aamsucrvorconsewrconen Me yee Tira TA WEST BENGAL rt ‘Agreement ‘Date : 16/12/2020 TEifective Date : 16/12/2020 ris AGREEMENT is made and oF BARRACEPORE, Tegimered office at 05, Middle BETWEEN , CHURCH OF HORT Road, Barrackpore, B4AA 531993 tered into effect an of the date shove eeiRsented by Rt. Rev. De. Pasiton ar en. Cand ev. Davis Raye Seen, Diocese of Borrackpore (CNI} (hereinafter fand inchude its successo Kathe-o-Kabin! (Book Sellers} Kanecmpanies Act, 1956 having ite sede ‘Street, Kollenta shall mean and include its igus) of the OTHER PART feie-office and/or assigns) AND ‘which expression Bebe vector ofthe ONE PART. conta. x é3 sa TDI, having is BS Kobeate-700 120. & Pitch express sal een BS P/2. coREAS "the SUPPLIER pig otal betel ecee alas CHT id in search ofa goed “6 res that “Diocers of ots due Gre ad respons ‘ha can promptly supply the st ao ia ai Sci 0 SA Seen ee aera pe Of nen tet ei gouds ai the schao's mich are run bythe sail Diocese of ess hoe sp SEAS i nt ot ra : IER! ogee evens : sitar oven epi a te ot 00 Soe Thin Ageement witnessed and the panies hereby have are onthe lon == ‘and conditions: equ govds to the students fret the ierss of WT Classes Todeler to Xt of the desgaaued sthents 1a BY enaxpore, GAT pre fo waringef he seas. 1x Ape ASICS IE perine Boe Lis wrh we pried y Daten a Bracken SO 81S rrr gonda befve te caring the ensons ue tA a Aces 7 = catanasnasnsacncmenase ne Bukit nat pepar ine itn ote pre a8 SHE pea books evalabl as refed ia te oak st, 2 don years raring 0m “he loceso of atachpore Jor bree consactine Academic "ine une may be exended/renewed of UAL 1 ae term of tia Agstement i Sessions 2021-2 10 2029-24 er errand beeen De partes essa. pers acs bot ft agrees is AOREEMEZE 9 terminated ra poy ging a aovnce tbe es mani Haren NS season Madersiar's Eisaps Con missay Cerf ob A len i coat underales tt there wil be no ther seers the SUPPLIER’ herein. a i Ve eee M eae amines en npaasnmcima nent “rt cen OS recente em emits y vine cad gods ate soot prema a er Hk x ge spent ppc pre ah meray oe SES cede” Gretanecust upon dees ofthe ot Br crore sen 1 on tov wount of Rx 1,10, 00,000.00 (090 Toe ce toon neni seat at bo ee iee Fs ee ot “BKRRACKPORE DIOCESAN FUND * whic is under Dace of Barracks, (Church af Nowth ia, in the mance as follows: + RS1A.00,000 pees odie La as anne, ef wn I ‘ ion of ere th Ae Sensi, Te

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