PRADIP MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present application the petitioner has prayed for quashing of a proceeding being Special Court Case No. 8 of 1987 arising out of case No. R.C. 8 of 1982 dated 4.6.1982 under Sections 120B/420/467/468/471 of the Indian Penal Code and Sections 5(2), 5(1)(d) of the Prevention of Corruption Act, now pending before the learned Judge, 5th Special Court, Calcutta.

(2.) The aforesaid case was registered on 4.6.1982 on an allegation that the petitioner having entered into a criminal conspiracy with others issued a document in July 1979 for Rs. 92,880/- which was reported to be missing and the same was issued on the basis of a British Airways document which was found to be fictitious. After issuing the said document the petitioner handed over the same to a co-accused who accepted the said document for the purpose of accounting, knowing fully well that the said document had been declared to be missing. It was further alleged that on the basis of the said document Air India Tickets were issued to some persons causing huge loss to Air India amounting about Rs.92.880/-.

(3.) By an order dated 19.3.1982 passed by the Division Bench of this court the petitioner was granted anticipatory bail. On 4.6.1982 the petitioner appeared before the learned Chief Metropolitan Magistrate, Calcutta and was granted regular bail. Thereafter by an order dated 23.5.1984 the learned C.M.M., Calcutta discharged the petitioner for non-submission of report in final form. However, on completion of investigation charge sheet was submitted before the learned Judge. 5th Special Court, Calcutta on 30.7.1987, Cognizance of offence was taken by the learned Special Judge on 28.8.1987 and summons were directed to be issued upon the accused persons. Thereafter on a prayer for. calling for the records from the court of the learned C.M.M., Calcutta, this court was informed by a memo dated 8.9.1987 that the records had been destroyed according to law. The accused persons were allowed to be released on bail.