STATE OF WEST BENGAL Vs. SHYAMADAS BANERJEE

JUDGEMENT

(1.) Leave granted.

(2.) The short point for decision in this appeal is whether a Special Judge exercising jurisdiction under the provisions of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, (hereinafter referred to as "the Special Courts Act, 1949", can take cognizance of an offence against a member of the State Legislative Assembly (hereinafter referred to as "M.L.A.") when he had ceased to be a M.L.A., though the offence was alleged to have been committed when he was a sitting M.L.A.

(3.) On the basis of certain newspapers reports one Nikhil Kishore Roy filed a Public Interest Litigation in the Calcutta High Court against the respondent No.1, Shri Shyamadas Banerjee, alleging that he had misused his official position as M.L.A. by submitting forged and fictitious medical bills and fees for prescription for Rs. 1,65,530.30 on account of the treatment of his wife and his mother between 8.9.1998 to 10.11.1998. The said Writ Petition, being No.1311 of 1999, was disposed of by a Division Bench of the Calcutta High Court on 23.6.1999, holding that the writ petitioner could have lodged a First Information Report or filed a complaint petition before the concerned Magistrate. Thereafter, on the basis of the F.I.R. lodged by Shri Nikhil Kumar Roy investigation was started under Sections 468, 471, 420 and 511 of the Indian Penal Code, (hereinafter referred to as "IPC", by the Hare Street Police Station. The respondent No. 1 surrendered before the Chief Metropolitan Magistrate, Calcutta, on 17.1.2000, and was released on bail. Charge-sheet was filed on 16.1.2003, on the basis whereof the Special Court assumed jurisdiction under the Special Courts Act, 1949, against the respondent No. 1 treating him to be a "public servant" and framed charges against him under Sections 420/468/471 and 511 IPC.