PARESH CHANDRA KAR Vs. STATE

JUDGEMENT

(1.) THE Judgment of the Court was delivered by the present two Revisional Applications under section 401 read with section 482 or the Code of Criminal Procedure, being directed against the same proceedings, were heard together in response to the submission made by learned counsel for the parties as well as for the sake of convenience. The backdrop of the cases may briefly be stated as follows: as far back as on 11th, November, 1987, the Chief Medical Officer of health, Birbhum, lodged a written complaint before the officer-in-Charge of the Suri Police Station, District Birbhum. It was in respect of information about defalcation of Government money amounting to rs. 4. 94 lakhs from the erstwhile D. H. O. 's office at Suri, Biruhum. During the audit done by the officer of the Accountant General, West bengal on and from 11th of March, 1987 to 13th of March, 1987 and between the 2nd April, 1987 to 30th April, 1987, it was found that a huge amount or Government Money to the extent of Rs. 4. 94 lakhs had been drawn fraudulently during the period from 1. 12. 1982 to 31. 7. 1985. Names of as many as 8 officers as suspects were mentioned in the said complaint. Some officers/staffs of Birbhum treasury were also suspected to be involved in the conspiracy.

(2.) ON receipt of the said complaint which was filed by the C. M. O. H. being so directed by the Deputy Secretary, Government of West Bengal, department of Health and Family Welfare, Suri Police Station Case No. 15 dated 11. 11. 1987 under sections 467/468/471/409/120b/477a/420 of Indian Penal Code was started. After completion of investigation the district Enforcement Branch submitted charge-sheet No. 70 dated 22. 10. 1990 in G. R. Case No. 663 of 1987 in the Court of learned Sub divisional Judicial Magistrate, Suri, Birbhum against the accused persons namely Dhirendra Nath Gope, Arun Kumar Roy, Dr. Achyutanada Mukherjee and Dr. Ajoy Kumar Mukherjee. Names of the petitioners in C. R. R. No. 2768 were disclosed in column No. 3 of the charge sheet and it was mentioned that sanction for prosecution against such petitioners was awaited and upon receipt of such sanction, charge-sheet would be submitted against them. The investigating authority, however, sought for discharge of three officials namely Sri Amitave Deb roy, Anwar Ali Khan of Birbhum Treasury and Gosaidas Mukherjee of d. H. Os Office for want of sufficient evidence. It could be learnt that in response to the request for sanction for prosecution of the petitioners as made by the Superintendent of Police in his letter dated 20th October, 1989, the District Magistrate refused to accord sanction for prosecution in respect of Kali Charan Banerjee, Sukumar Haider, Dukha Haran bouri and Narendra Chandra Dey being petitoners Nos. 3 to 6 in C. R. R. Nop. 2678 of 2002 and further opined the appointing authority of petitioner Nos. 1 and 2 namely Paresh Chandra Kar and Pramatha Nath dey not to accord sanction to such malicious prosecution. Superintendent of Police, Bhirbhum, by his Memo dated 1. 10. 1990 requested the District Magistrate to review the decision but the District magistrate by his letter dated 14. 11. 1990 informed that he could not find any scope to review the earlier decision.

(3.) THE learned Sub Divisional Judicial Magistrate on receipt of the charge-sheet by order dated 27th October, 1990 discharged the petitioners in C. R. R. No. 2768 of 2002 and three other accused persons from the said case. The District Magistrate, Birbhum, after detection of such defalcation of funds made inquiries and departmental proceedings were started. The authority concerned found the reply submitted by the petitoner Nos. 1 and 2 satisfactory and as such, no penal action was taken. In the said departmental proceedings, petitioner nos. 3, 5 and 6 were found guilty. The petitioner No. 4 suspended from service on the ground of the said criminal case but after his discharge from the case, he was reinstated. Even prior to the filing of the review application, all the petitioners except number 6 retired from service. Long after such discharge of all the petitioners from the criminal case, the learned Judge, First Special Court, Birbhum at Suri by all order dated november 26, 1992 passed in Special Court Case No. 5 of 1992 (arising out of G. R. Case No. 663 or 1987) took cognizance of the offence under section 409 of the Indian Penal Code and directed issuance of summons upon the petitioners fixing January 15, 1993 for their appearance. The petitioners being aggrieved by such order of the learned Special Court, filed Revisional Application which was disposed of by order dated 27. 11. 1997 and the Hon'ble Court declined to invoke revisional or in her jurisdiction to interfere with the order dated 26. 11. 1992.