NEVILLE DADI MASTER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) On the basis of a complaint dtd. 9/8/2017 lodged by the second respondent, an F.I.R. of even date under Sec. 419/353/447/120B of the Indian Penal Code ("IPC", hereafter) read with sec. 12 of the Prevention of Corruption Act ("P.C. Act, hereafter) was registered against the appellant. Investigation that followed culminated in a report (charge-sheet) being filed under sec. 173(2) of the Code of Criminal Procedure ("Cr. P.C.", hereafter). Since the offence under sec. 12 of the P.C. Act is exclusively triable by the Special Court, the case was accordingly committed to such court by the relevant Additional Chief Judicial Magistrate ("ACJM", hereafter). The appellant then applied for discharge, which was allowed in part. The Special Court, though held that there was no ground for framing charge under Sec. 353/120B of the IPC and sec. 12 of the P.C. Act, was satisfied of there being prima facie material to proceed against the appellant under Sec. 447/419 of the IPC; hence, by an order dtd. 19/9/2022, the Special Court transmitted the case to the court of the ACJM. This order of the Special Court was challenged by the appellant in an application under sec. 482 of the Cr. P.C. before the Calcutta High Court. For the reasons contained in his order dtd. 2/1/2023, a learned Judge has dismissed the application.

(3.) The challenge in this civil appeal is to the said order of dismissal.