JAY NARAYAN MISRA Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 439 of the Code of Criminal Procedure for staving the Criminal cases pending before the Special Judge, Midnapore until heating of the civil suits pending before the Subordinate Judge of Midnapore.

(2.) ON the 1st of January, 1953. there was an agreement between the petitioner, and the Government of West Bengal for transportation of paddy and rice from Contai and other places in the district of Midnapore to Calcutta. According to the prosecution, the petitioner committed criminal breach of trust in respect of hundreds of maunds of paddy and for the purpose, he entered into a conspiracy with the other opposite parties to commit criminal breach of trust. Investigation was carried on by an Inspector of D. D. Calcutta and a case was registered at Section I. Police station of Calcutta on the complaint of the Director of Storage alleging criminal breach of trust, forgery, conspiracy and other cognate offences in respect of 17758 mounds and orders. of paddy valued at Rs. 193,340/12/ The Chief Presidency Magistrate, Mr. D. N. Das Guptajnow Justice D. N. Das Gupta) however ultimately discharged the accused persons by his order dated 9th April, 1958. Thereafter a First Information Report was lodged at Contai Police Station on the 5th September, 1958 and a case for trial by the Special Judge was allotted by Government Order dated 15 -1L19H3, On the 14th December. 1963, a Sub Inspector attached to the D. E B. Midna. pore lodged a complaint before the Judge, Special Court, Midnapore against the present petitioner and other accused persons starting a case for offences under Ss, 409i 409/109 and 409 read with Section 120B of the Indian Penal Code. Twelve such separate com. plaints were filed against these persons and these cases are pending for trial before the Special Judge. A few of these cases have already started and evidence has been recorded though no charge has been framed as yet in any of these cases. In the meantime, the State of West Bengal instituted a civil suit at Contai in 1953 and thereafter another, being Money Suit No. 2/1958 (No. M. S. No. 2/84) at Midnapore for realisation of a sum of Rs. 1,99,140.9 nP. The allegations in the civil suit are substantially the same against petitioner Joy Narayan Misra who along with another man, Suiendra Nath Jana were made defendants. According to the petitioner, the pith and sub -stance of the civil suits and criminal cases are the same and the parties are virtually the' same inasmuch as the civil suit was between the State and Jay Narayan Misra and the criminal cases were between the same parties, besides the employees of Jay Narayan excepting three of the employees under the Food Department. On a preliminary objection raised, the learned Subordinate Judge by his order dated 5 -9 -60 struck off the name of Surendra Nath Jana from the list of the defendants.

(3.) MR . Sanyal appearing for the State has opposed the Rule principally on the ground that some of the cases have already started and evidence has been recorded and also on the further ground that the accused persons before the Special Judge are not parties in the Civil Suit. So far as the first objection is concerned, it appears that evidence has been recorded in two or three out of twelve cases ; but charges have not yet been framed in any of these cases. Trials before the Special Court are, therefore, at a very initial stage and any stay of the Criminal cases at this stage is not likely to prejudice either party. So far as the other ground is concerned, it is apparent that the real party is Jay Narayan Misra against whom a Civil suit has been brought and the other opposite parties come only as employees of Jay Narayan besides three persons who are officers of the Civil Supplies Department. One of the latter group has also appeared and supported the petitioner that the hearing of the criminal cases be stayed while the others have not appeared.