2026 (9) TMI 1835

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....-2025 passed by Learned Chief Judicial Magistrate Port Blair in CR Case No-147 of 2024 was affirmed. 2. The case of the petitioners before the Learned Magistrate under Section 223 of BNSS 2023 may be summed up thus:- 1. As per deed of assignment dt. 14/09/2023 M/S. Indo Aquaties assigned the sale certificate to petitioner/complainant no-1 to dispose all the plants and machineries electrical and scrap materials and generators and other heavy equipments lying within the compound of the erstwhile M/S Surya Chakra Power Corporation at Bamboo flat. 2. That for the purpose of smooth handling of the scrap materials one Mr. Sayyed Iqbal Hussain S/O. Mr. Talib Hussain was engaged to supervise the dismantling and to do all kinds ....

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.... the permission of the complainants or the representative Shri B. Suresh Babu. 6. An approx 1065 MT. of heavy equipments/scrap materials have been exported from Sri Vijaya Puran to Chennai/Kolkata, without the payment being made to the complainants and without the knowledge or permission from the representative namely B. Suresh Babu, by using some fake/false GST/Tax Invoice and thereby caused a loss of Rs. 2,45,00,000/- plus applicable taxes to the complainants and to the state. 7. The opposite parties/accused persons with common intention and with common knowledge have illegally exported the scrap materials approx 1065 MT without paying any money and by using some fake/false/forged GST/Tax Invoice and thereby misappropria....

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.... of BNSS Act 2023 is rejected.' 5. The petitioner being aggrieved by the order passed by the Learned Magistrate preferred a revisional application before Learned Sessions Judge Andaman and Nicobar Islands being Criminal Revision No. 4 of 2025 which was also dismissed. 6. Being aggrieved by the Orders passed by Learned Chief Judicial Magistrate and Learned Session Judge the petitioner has come up with the application under Article 227 of the Constitution of India. 7. Heard Learned Advocate for the petitioner and Learned Advocate for the respondent no-1 Union Territory of Andaman and Nicobar Island. Perused the materials on record. 8. Learned Advocate for the petitioner submits that the Learned Magistrate and Learned Sessions Judg....

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..... The sale proceeds involve huge amount. Necessary co-operation in furnishing report/accounts is lacking in opposite party no-2 to 5 which creates suspicion. Thus on the basis of allegation in complaint against opposite parties unless investigation is made and the accused/opposite parties are interrogated and relevant documents are verified the truth may not come out. Thus the prayer of the petitioner to direct Police Authority to register FIR should be allowed. 12. Hence this application under Article 227 of the Constitution of India being CRR 24 of 2026 stands allowed. The Judgment and Order dated 18.02.2025 passed by Learned Chief Judicial Magistrate Port Blair in CR Case No. 147 of 2024 and Judgment and Order dated 14.8.2025 passed b....