CENTRAL BUREAU OF INVESTIGATION Vs. K C BALASUBRAMANIUM

JUDGEMENT

(1.) The hearing arises from an application under section 401 read with section 482 Cr.P.C. filed by the petitioner praying for revision of the order dated 15.06.95 passed by the learned Special Judge, 4th Special Court, Calcutta in Special Case No. 2/90 arising out of R.C. Case No. 4/1987 dated 20.01.87 under sections 420/120B IPC and section 5(l)(d) read with section 5(2) of the Prevention of Corruption Act, 1947.

(2.) The circumstances leading to the above application are that on receipt of an information from a reliable source the aforesaid R.C. Case No. 4/1987 dated 20.01.87 was registered by the petitioner against the O.P. and one Bikash Sengupta 'inter alia alleging that the O.P. as Branch Manager, Central Bank of India, New Market Branch, Calcutta entered into a criminal conspiracy with the said Bikash Sengupta and sanctioned a loan of Rs. 4,00,000/- in favour of Bikash Paper Processing Industry on the basis of false statements submitted with the application by Sri Sengupta without verifying the genuineness of the application and credibility of the firm. After completion of investigation, charge sheet dated 20.11.88 under the aforesaid provisions of IPC and Prevention of Corruption Act, 1947 was submitted and the Court took cognizance on 19.07.90.

(3.) The O.P. filed an application on 28.04.94: challenging the order of taking cognizance contending that the learned presiding Judge had not been properly appointed to try the case which was allowed by the impugned order holding that as cognizance was non-est and void, the case is not maintainable and the proceeding was dropped against the O.P.