STATE OF WEST BENGAL Vs. PRANAB RANJAN ROY

JUDGEMENT

(1.) Leave granted.

(2.) Respondent in this appeal was the Chief (Operation) of Central Inland Water Transport, Calcutta. Prosecution proceedings were launched against him under Section 13 (2) of the Prevention of Corruption Act, 1988, on the allegation that he has acquired assets disproportionate to his known sources of income. But a Special Judge before whom the charge-sheet was laid, discharged him under Section 167 (5) of the Code of Criminal Procedure (West Bengal Amendment). A revision petition was preferred by the State before the High Court of Calcutta assailing the said order of discharge, but in vain. Hence the State has filed this appeal by special leave.

(3.) Some relevant facts necessary for this appeal are the following: The case against the respondent was registered on 27-8-1990. As the respondent desired to have some documents returned to him, he applied to the Court of Special Judge on 29-2-1992 through an Advocate praying for return of such documents. On the same day a vakalatnama was filed by his Advocate in the Court. On 4-5-1994, the investigating agency submitted charge-sheet against the respondent for offence under Section 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988. When respondent was summoned to appear in Court he filed an application on 13-7-1996 praying for his discharge under Section 167 (5) of the Code (West Bengal Amendment) on the premise that he appeared in the Court on 29-2-1992 through his counsel and that no charge-sheet was filed till the expiry of two years from the said date of appearance. That plea was upheld by the Special Judge and respondent was discharged which was concurred with by a single Judge of the High Court of Calcutta. It is that Judgment of the High Court which is in challenge now.