MOHAMMAD WALI ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -The instant criminal revisional application, along with 11 other applications, being Criminal Revision Case Nos. 1585 to 1596/90, had been heard together in terms of the order dated 10.9.90 passed by this Court in the instant matter.

(2.) The petitioner in all the 12 matters at hand is the same and the alleged offences for which he has been prosecuted in the relevant cases are also similar in nature. The petitioner by his relevant applications in the 12 revisional cases at hand under section 401, read with section 482, of the Code of Criminal Procedure has prayed the Court for quashing all the 12 relevant criminal proceedings against him as also the impugned orders passed therein by the learned Special Judge, Birbhum, in connection therewith on the grounds set forth therein.

(3.) On 15.11.84 the 12 complainants in the relevant 12 cases had lodged complaints before the Superintendent of Police, Suri, Birbhum, to the effect that the petitioner-accused, then working as the Assistant Inspector of Schools, Birbhum, had received different sums of money from them on the plea of procuring them jobs, which he failed to do. On the basis of the aforesaid 12 complaints filed by the complainants the relevant 12 cases had been started against the petitioner-accused. The police after completion of investigation had submitted charge-sheet before the learned Sub-Divisional Judicial Magistrate at Suri on 21.3.88. Since the petitioner-accused had also been prosecuted for having allegedly committed an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter shortened into Act) the learned Sub-Divisional Judicial Magistrate had forwarded the relevant 12 eases to the Special Judge-I at Suri, Birbhum, on 22.5.89. The learned Special Judge had thereupon taken cognizance of the offences and had also framed charge against the petitioner-accused in the relevant 12 cases in question under sections 161/420, I.P.C., read with section 5(2) of the Prevention of Corruption Act. The petitioner-accused who was working as Assistant Inspector of Schools, Birbhum, at the time of commission of the alleged offences was working as Assistant Inspector of Schools (Secondary), North 24-Parganas at perusal al the time of starting of the relevant 12 cases against him.