DILIP KR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying that the order dated 18th June, 2011 passed by the learned Additional Sessions Judge, Special Judge, 1st Court, Dakshin Dinajpur at Balurghat in Spl. Case No. 05/2005, arising out of Hili Police Station Case No. 148/2005 dated 12th December, 2005, be set aside.

(2.) The petitioner was appointed initially as Assistant Supervisor of Trimohini Krisak Seva Samabay Sarnity Limited. He was later promoted as Manager. It is not disputed that the employer of the petitioner is a registered Co-operative Society under the West Bengal Co-operative Societies Act, 1983.

(3.) The West Bengal Criminal Law Amendment (Special Courts Act), 1949 vide Section 4 stated that in respect of the public servant the offence specified in the schedule shall be tried by the Special Court only. It is not disputed that Section 409 fall within the schedule. Therefore, to determine whether the petitioner would be tried by the Special Court or by the Court of Magistrate, this Court is to arrive at a finding whether the petitioner is a public servant or not within the meaning of Section 21 of the Indian Penal Code.