SRIKANTA PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AT the material point of time the petitioner was serving as Branch-Accountant, Belda Branch of Midnapore Co-operative Agriculture and Rural development Bank Ltd. (for short the bank) during the year 1995-1996. One Debabrata Bhattacharya was also a cashier at the time. The cashier's function was to receive the cash in the cash, counter, issue receipts, maintain relevant registers and arrange for depositing the cash with the Vidyasagar central Cooperative Bank Ltd. , Belda Branch. Following a report of commission of fraudulent act the cashier was suspended under the order of the Chairman and the Assistant Registrar of Cooperative Societies, midnapore was requested to hold an enquiry which was however done and which revealed that the cashier embezzled, misappropriated and defalcated the fund of the bank to the tune of Rs. 2,40,549/- and that Sri Sagar Chand dey, Ex-Branch Manager of Belda Branch and the present petitioner Srikanta patra then Branch Accountant of the Branch abetted and instigated the cashier Debabrata Bhattacharya to defalcate the fund of the bank fraudulently by an unlawful alliance and connivance with him and destroyed evidence of misappropriation of bank's fund.

(2.) THIS was the FIR vide Belda P. S. FIR No. 39 of 1997 dated 24-04-1997 against Debabrata Bhattacharya, Sagar Chand Dey and Srikanta patra, the present petitioner under Section 409/109 of the IPC. Upon completion of investigation charge-sheet was submitted against the petitioner and others under Section 409 of the IPC.

(3.) THE case was sent to the learned Judge, 2nd Special Court, midnapore constituted under the West Bengal Criminal Law Amendment (Special Courts) Act 1949. Before the learned Judge, 2nd Special Court, midnapore a petition was filed by the petitioner praying for discharge on the ground that there was no material to frame charge against him. The chairman of the bank filed a written objection against that petition. The prayer was rejected by the learned Judge by his order dated 01-04-2006 observing that the materials disclosed an offence against him and there was hardly any scope to examine the defence materials at that stage. A plea was taken also that he was not a public servant. This plea was kept pending on the ground that it could be considered only at the stage of trial. This order was challenged in this Court in C. R. R. No. 1308 of 2006 and hon'ble Justice S. P. Talukdar disposed of the revisional application with the direction to the petitioner to make a fresh application to the learned judge who would examine the same. While questioning the justifiability of framing charge the petitioner filed a fresh petition before the learned Judge, special Court contending that he was neither a public servant within the meaning of the IPC nor one within the ambit of West Bengal Cooperative societies Act 1983 and the Rules. As such, he was not to be prosecuted before the Special Court. This petition was rejected by the order dated 10. 5. 2006 by the Special Judge holding that prima facie he appeared to be a public servant within the meaning of Section 21 of the IPC (12th Clause ). By that order charge was framed against all the accused persons and dates were fixed for recording evidence.