Eraaya Lifespaces Limited & Ors. Vs State of West Bengal & Anr. (Calcutta High Court)
The Calcutta High Court dismissed a petition seeking quashing of criminal proceedings arising from an FIR registered under Sections 3(5), 336(3), 338, 340(2), 49 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, holding that the allegations disclosed prima facie cognizable offences requiring investigation. The FIR alleged that a company petition before the NCLT had been filed on the basis of a forged Special Power of Attorney (SPA), containing forged signatures and a forged notarial attestation, to satisfy the requirements of Sections 241 and 244 of the Companies Act. It further alleged that the accused, including the petitioners, acted in concert to prepare and use forged documents, deceive shareholders, obtain a status quo order from the NCLT, and cause wrongful loss to investors. The complaint also alleged that confidential company information and email correspondence had been improperly disclosed in furtherance of the alleged conspiracy.
The petitioners contended that no prima facie case was made out against them, asserting that the allegations of conspiracy were unsupported, contradictory and legally untenable. They argued that the alleged forgery related only to the person who filed the NCLT proceedings, while they were merely respondents in those proceedings. It was also submitted that no specific allegations established their participation in forgery or criminal conspiracy, that the FIR was mala fide and intended to harass them, and that Baharampore Police Station lacked territorial jurisdiction since the alleged acts occurred elsewhere.
