RABINDRA NATH BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this revision application is to the order dated 31.1.2008 passed by the learned Special Judge, Tamluk, Purba Midnapur in T.R. no. 02 of 2003 arising out of Nanda Kumar Police Station case no. 85 of 2002 dated 21.8.2002 whereby rejecting the application of the petitioner for discharging him from the case.

(2.) One Kalipada Adak (hereinafter referred to as Opposite party no. 2. being Vice-Chairman of the Chak Simulia Co-operative Agricultural Credit Society Limited lodged one FIR with Nanda Kumar Police Station alleging therein that while the petitioner Rabindra Nath Bera was acting as the Secretary of the Society, mis-appropriated a sum of Rs. 91,028/-, in all of the society and manipulated the receipt book. On the basis of the said FIR, investigation was done by Nanda Kumar Police Station and a charge-sheet being no. 27 of 2003 dated 17.4.2003 was filed against the petitioner Rabindra Nath Bera under Section 403/409/420/468 and 477 of the Indian Penal Code. The learned Special Court had taken cognizance under Section 409/468 and 477A against the petitioner and fixed date for consideration of charge. On 25.8.2004, the petitioner had taken out an application praying for his discharge from the case on various ground mainly ;

(3.) The learned Court upon consideration of the materials placed before it and upon hearing of both the parties rejected that prayer of the petitioner vide order no. 30 dated 31.1.2008 which is impugned in this revision application.