1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.879 OF 2006 IN COMPANY PETITION NO.970 OF 1997 Centurion Bank of Punjab Ltd. .. Applicant Versus Official Liquidator, H.C.Bombay .. Respondents Mr.Milind Vasudeo with Ms.Mohana Nair for applicant Mr.Pravin Samdani, Senior Advocate with Mr.Rathod i/b. Milawala & Co. for respondent Mr.S.Ramakantha, Dy.O.L. present. CORAM : S.C.DHARMADHIKARI, J. DATE : 19th June 2008 P.C. . This application before me is by Centurion Bank of Punjab Ltd. It prays for several reliefs in this company application which are in the form of directions to O.L. 2 2. Both sides do not dispute that the directions are pertaining to some criminal proceedings. Further both sides do not dispute that the police authorities and more particularly those at Gandhidham Police Station have proceeded to investigate the case and have taken further action. It is not disputed that the charge sheet is filed in the Court at Gandhidham by Gandhidham police sttation in connection with C.R.No.23 of 2004. Mr.Vasudeo appearing for applicant bank states that the bank officers who are arrayed as accused have applied for discharge and the application in that behalf is pending. The apprehension is that directions of this Court in the company application disposed of earlier and the orders and observations therein in pending proceedings including O.L.Report are likely to prejudice the applicants when they seek the discharge. Needless to observe that this Court may have directed investigations by police authorities but by no stretch of imagination such 3 directions can take away the right of those arrayed as accused in proceedings pursuant to such investigations to apply for appropriate relief before competent criminal court. 3. Such relief will also include discharge from the proceedings. It is for the criminal court to pass appropriate orders after hearing parties and in accordance with law. The criminal court must necessarily decide the matter, on the basis of the powers conferred upon it under the Cr.P.C. and further needless to observe that it should not be only influenced by the directions of this Court with regard to conducting investigations and bringing the guilty to book. The criminal court, needless to state will decide the proceedings on the basis of the material before it and independent of the observations or orders in the company proceedings and O.L.Reports.. Application is disposed of. No costs. 4 4. In view of the charge sheet having been filed by the Gandhidham police station, O.L’s report also does not survive and the same is disposed as such. (S.C.Dharmadhikari, J)