STATE CB I Vs. PARTHA SANYAL

JUDGEMENT

(1.) Heard Mr D.K. Das, learned counsel for the petitioner and Mr J.M. Choudhury, learned counsel appearing for the respondents.

(2.) The C.B.I. (SPE), Silchar had filed a case against Shri Partha Sanyal, Accountant, Indian Bank, Silchar and one Shri K. James, before the Special Judge, Assam, Guwahati under Section 419,420, 467, 468, 471, IPC read with Section 13(1)(d) of the Prevention of Corruption Act. The case was registered as Special Case No. 11(C)/93. So far as the respondent, Partha Sanyal is concerned, the Special Judge discharged him, vide order dated 12/5/1995, and so far as respondent, K. James is concerned, it was held that since he was not a public servant, his case need not be tried by a Special Judge. This criminal revision was filed under Section 397, Cr.P.C., against the order of discharge, dated 12/5/1995, against Shri Parhta Sariyal. Though Shri K. James is also arrayed as a respondent, but no relief has been claimed by the petitioner, C.B.I.

(3.) It may be observed here that vide order dated 19/6/1997, Mr. Justice V.D. Gyani, a Judge of this Court (since retired) had accepted the revision petition and set aside the order dated 12/5/1995 discharging Shri Patha Sanyal. Shri Parma Sanyal filed Criminal Appeal No. 917 of 1998 before the Apex Court. The primary grievance made was that at the time the case was heard by the learned Judge of the High Court, he was not present. It may be observed here that the learned Judge of this Court had observed that despite service of notice, Shri Parma Sanyal had not entered appearance. However, the Apex Court vide order dated 31.8.98 set aside the order of this Court dated 19.6.97 and remanded the case for rehearing after hearing the respondent, Shri Partha Sanyal. Shri Partha Sanyal has put in appearance through his counsel Shri J.M. Choudhury and Shri B.M. Choudhury.