SUDHINDRA KUMAR BOSE Vs. STATE

JUDGEMENT

(1.) On March 2, 1950, a petition of complaint was filed in the court of the Sub-divisional Magistrate, Darjeeling, against the present Petitioner Sudhindra Kumar Bose and one N.R. Ghosh charging them with offences under Sections 120B/ 409 and Section 409, Indian Penal Code, and Section 5(2) of Act II of 1947. Before this case could be tried by the Subdivisional Magistrate, it was allotted, by an order of the Government of West Bengal, dated March 13, 1950, purporting to act under Section 4(1) of West Bengal Act, XXI of 1949, to the Special Court of the Special Judge at Calcutta constituted under Section 3 of that Act. The Petitioner was tried by this Court under three charges-a charge under Sections 120B/ 409 of the Indian Penal Code, Section 5(2) of Act II of 1947 and two other charges for offences under Section 409 of the Indian Penal Code and under Section 5(2) of Act II of 1947. The said court convicted the Petitioner under Section 5(2) of Act II of 1947 and also under Section 409 of the Indian Penal Code and sentenced him to a period of imprisonment and a fine. An appeal was preferred to this Court and was admitted for hearing by an order, dated 1954 Apr, 8 August 21, 1951. This appeal remained pending in this Court from that date until it was disposed of by a Bench of this Court by an order, dated April 9, 1952, which runs as follows:

(2.) Thereafter, proceedings were again started against the Petitioner in the Special Court at Alipore, but as that Special Court was superseded, his trial could not be held there. By a notification dated December 22, 1952, the Government of West Bengal thereafter allotted this case to the Special Court of Jalpaiguri Darjeeling and a petition of complaint was filed in that court by the Public Prosecutor, Special Police Establishment, West Bengal, Calcutta, on March 27, 1953. Thereafter the learned Judge presiding over the Special Court ordered issue on summons on the present Petitioner and one N.R. Ghosh under Sections 120B/ 409 of the Indian Penal Code and Section 5(2) of Act II of 1947 and an offence under Section 409 of the Indian Penal Code and an offence under Section 5(2) of Act II of 1947 for their appearance on May 13, 1953. The Petitioner thereafter obtained this Rule in consequence of which there could be no further progress in the proceedings in the Special Court.

(3.) It is contended before us on behalf of the Petitioner that in view of the provisions of Section 12 of Act XXI of 1949, as it stands after amendment by the West Bengal Act XII of 1952, this case is not tradable by the Special Court. Section 12 of Act XXI of 1949 after the amendment of that Act by Act XII of 1952 is in these words: