JIT PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of a proceeding being case No. G. R. 3849 of 1985 pending in the Court of learned Metropolitan Magistrate, 12th Court, Calcutta under Section 120B/420 of the Indian Penal Code.

(2.) The Secretary to the Commissioner of the Port of Calcutta lodged a complaint with the Central Bureau of Investigation, Special Police Establishment, C.I.A. (i) New Delhi against the petitioner and 7 other accused persons alleging commission of offences under Section 120-B/420, IPC. On completion of investigation the Investigating Agency submitted a charge-sheet against the petitioner and 7 other accused persons under Section 120-B read with Section 420, IPC in the Court of learned Chief Presidency Magistrate, Calcutta. On the basis of the said charge-sheet the learned Magistrate took cognizance of the offence and transferred the case to the learned Presidency Magistrate, 6th Court, Calcutta for trial and disposal. The learned Magistrate thereafter on 9-9-77 framed charge against all the accused persons.

(3.) On 6-10-80 an application was filed before the learned Magistrate on behalf of the accused persons stating that the charge-sheet filed by the CBI was submitted upon incomplete investigation inasmuch as the investigating agency refused to take into consideration certain material and important documents lying in the custody of nationalised banks. It was submitted that if those documents were taken into consideration there would have been a final report by the investigating agency. The learned Magistrate, however, rejected the said application filed by the accused. It was held by the learned Magistrate that the case was instituted before the new Code of Criminal Procedure came into force and that under the old Code there was no provision for further investigation in a case after submission of charge-sheet.