RAMPADA TARAFDAR Vs. STATE

JUDGEMENT

(1.) This Rule was issued at the instance of one Rampada Tarafder, an accused on trial before a Special Court at Alipore, presided over by Sri K. N. Bhattacharjee, Judge, charged with an offence under section 409 of the Indian Penal Code.

(2.) It appears that the Circle Officer during audit found out certain alleged irregularities and misappropriations and on his report the police held an enquiry and submitted a charge-sheet before the Sub-divisional Magistrate of Barrackpore. The Court Inspector then filed an application that it was the case of a President of Union Board misappropriating Union Board funds and so was to be tried by the Special Court.

(3.) The first contention raised by Mr. Dutta is that the case is premature and he draws attention to Rule 18 of the Account Rules made under the Bengal Village Self-Government Act, to be found at page 91, of the Union Board Manual, Volume I. and to Note 2 therein to show that there is a procedure laid down for rectifying irregularities found, etc., but this has nothing to do with any crime that may be committed which is under the general law. Therefore, as on police investigation prima facie the police was satisfied that a crime had been committed, a charge sheet was properly submitted.