KAMAL CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant application under section 482 of the Criminal Procedure is directed against the order dated 15.9.97 passed by the learned Judicial Magistrate, Second Court, Sreerampore in G.R. Case No. 1336 of 1995 corresponding to Uttarpara P.S. Case No. 203 dated 5.11.95.

(2.) The petitioner was posted as ward master in the Uttarpara General Hospital in the year 1995. On 5.11.95, a private individual (the opposite party No.1) lodged a complaint with the O.C. Uttarpara Police Station alleging that while he was passing along the street, he noticed the petitioner bringing out some articles such as tin and polythene made empty gerican and sealed saline bottles from the campus of Uttarpara General Hospital and that a rickshaw puller was also present there at that time. It was alleged in the complaint that the petitioner was trying to sell the said articles of the hospital without any authority. On the basis of the said complaint, Uttarpara police case was started under sections 409, 120B IPC against the petitioner and under sections 411, 120B IPC against another who is not a public servant.

(3.) After investigation, police submitted charge-sheet against the petitioner under sections 409 & 120B IPC and against the co-accused under sections 411 & 120B IPC and on 17.7.96, the learned Sub Divisional Judicial Magistrate took cognizance on the basis of that charge-sheet. Thereafter, on 30.8.96, the learned Magistrate framed charges against the petitioner and the co-accused under sections 409, 120B IPC. The petitioner pleaded not guilty and the learned Magistrate posted the case for evidence on 17.10.96. On 17.10.96, an application was filed on behalf of the prosecution before the Maistrate for transfer of the case to the court of Special Judge, Hoogly, for trial on the ground that the petitioner is a public servant. The petitioner opposed the prayer, but after hearing both parties, the learned Magistrate by his impugned order was pleased to transfer the case from his court to the court of Special Judge, Hoogly with the direction upon the petitioner to be present in the Special Court on 30.9.97.