STATE OF WEST BENGAL Vs. SADAN K BORMAL

JUDGEMENT

(1.) The State of West Bengal has preferred this appeal by Special Leave impugning the judgment and order of the High Court of Judicature at Calcutta dated 21st February, 1997 in Criminal Revision No. 2578 of 1994 whereby the High Court quashed the criminal proceedings against the respondents herein holding that the 3rd Special Court, Calcutta appointed under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, for trying offences under the Prevention of Corruption Act, 1947 (for short Act of 1947) had no jurisdiction to try the respondents for the alleged offences after coming into force of the Prevention of Corruption Act, 1988 (for short Act of 1988) w.e.f. 9th September, 1988. In substance, it held that though the said Court was earlier empowered to try offences under the Act of 1947, since no such jurisdiction was conferred upon it afresh after coming into force of the Act of 1988, which repealed the Act of 1947, it had no jurisdiction to try such offences after coming into force of the Act of 1988.

(2.) The facts of the case which are not in dispute may be briefly recapitulated. The respondents herein were employees of the State Bank of India and at the relevant time were working in its Netaji Subhash Road Branch, Calcutta. A criminal case was registered against them under the provisions of the Act of 1947 as also under Sections 120-B, 420, 419, 467, 468 and 471 of the IPC. The offences are alleged to have been committed by them in or about the month of August, 1988. A month later, on 9-9-1988 the Act of 1988 came into force repealing the Act of 1947. A criminal case was registered against respondents on 31-10-1988 and a charge-sheet was filed before the Court of the Metropolitan Magistrate, Calcutta who by his order dated 12-4-1990 took cognizance and transferred the case to the Metropolitan Magistrate 17th Court for trial. However, on objection raised by the Public Prosecutor that the said Court had no jurisdiction to try the case as the same was exclusively triable by the Special Court, the said case was transferred to the Court of the 3rd Special Judge, Calcutta, a Court empowered under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 to try offences under the Act of 1947. The 3rd Special Judge took cognizance on 22nd March, 1993 when the charge-sheet was filed before that Court.

(3.) The respondents herein challenged the jurisdiction of the 3rd Special Judge to try the case, as he had not been so empowered after coming into force of the Prevention of Corruption Act, 1988. The objection was rejected by the Special Court whereafter the respondents moved the High Court of Calcutta in its revisional jurisdiction.