GOPAL MUKHERJEE Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 4 82 of the Code of Criminal Procedure for quashing the proceedings in Amdanga Police Station Case Kb. 9 dated 15. 4. 79 under Section 409/12ob' of the Indian Penal Code which was registered as G. R. . Case NO. 502 of 1979 in the Court of the Sub-Divisional Judicial Magistrate, Barasat.

(2.) THE petitioner nos. 1 and 2 are attached to the. Haringhata farm under the Directorate of Dairy Development, Government of West Bengal as Tanker Driver and Escort respectively. Both the petitioners have been are as accused in Haringhata Police Station Case No. 9 dated 15. 4. 79 therein chargesheet. no. 3 dated 5. 3. 84 was submitted in the court of the learned Sub-Divisional Judicial Magistrate, Barasat on 13. 3. 84 and congizance of offences under section 409/120b. of the Indian. Penal Code was takan by the learned magistrate. The charge-sheet was filed against three other persons also, namely, Pranab alias Khokan Ghosh, Bhim Ghosh and Khatib Mondal. It is alleged in the said charge-sheet that on 14th April, '1979 the petitioners were entrusted with Milk Tanker No. WGE 2292 loaded with milk under sealed cover for delivery of milk at its destination. But on 15th April, 1979 at about 12. 15. P. M. both the petitioners delivered the milk to Pranab alias Khokon Ghosh, Khatib Mondal and Bhim Ghosh from the said milk at Awalsiddi as per previous conspiracy with them. The petitioners and others were caught red-handed by the defacto complainant and other witnesses; of the locality.

(3.) BOTH the petitioners were; arrested on 15th April, 1979 and were detained in custody till they were released on ball on 30th April, 1979. Both the petitioners were placed under suspension with effect from 15th March, 1979 and they are still suffering from the order of suspension. By orders dated 12th July, 1984 and 15th October, 1984 the learned Sub-Divisional Judicial Magistrate directed that the charge-sheet be sent to the Public Prosecutor, 2 4-Parganas for filing a complaint before the learned Special Court. Again by his order dated 3rd July, 1985 the learned Sub-Divisional Judicial Magistrate directed the investigating officer of the present case to take steps for sending the records of the case to the learned Special Court for filing investigation report and for trial. By another order dated 20th June, 1986 the learned Magistrate directed the investigating officer to appear in court with the Government notification and allotment of the case to the learned Special Court and fixed 6th May, 1986 for this purpose. On 6th May, 1986 the investigating officer did not appear in court but the learned Magistrate directed the case records to be transmited to the learned Special Court and recorded an order that the accused persons need not appear before the learned Magistrate any further.