B B OJHA Vs. STATE

JUDGEMENT

(1.) This rule is issued for quashing the proceedings in Case No. 14 of 1977, pending disposal before the 2nd Special Court, Calcutta in connection with the order No. 140 dated 26.3.1990 was passed.

(2.) A few facts giving rise to the petition may be stated : One Mr. B. B. Ojha while working as a Branch Manager of the Central Bank of India, Ballygunj Branch, in between May 1972 and December 1973 was a party to the conspiracy with some constituents of the Banks to commit the offence of cheating the Central Bank of India, Ballygunj Branch, punishable under section 420 of the Indian Penal Code read with sections 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947. The accused entered appearance on 28.11.77 after the court took cognizance on 3.10.77 and issued process. The learned trial court fixed 9.3.78 as the date for evidence. In between the date of appearance of the accused i.e. 28.11.77, and 9.9.88, the prosecution only succeeded in examining 19 witnesses. The order sheet of the case at hand contains the history of the case since its inception

(3.) The learned trial court framed charges against B. B. Ojha, Subhas Roy Chowdhury & Rama Roy Chowdhury under section 120/420. But, the learned trial court framed charge against B. B. Ojha alone under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947. However, Subhas Roy Chowdhury & Smt Rama Roy Chowdhury were fixed with the charges framed under section 471/468 of the I.P.C.