SUBODH KR DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional petition has been filed under sections 401 and 402 of the Code of Criminal Procedure for quashing of the proceeding in Special Case No. 1 of 1988 arising out of CBI: ACB:Calcutta Branch being Crime No. RC. 84/87-Calcutta dated 28.11.1987 under section 161 of the Indian Penal Code pending before learned 2nd Special Judge, Alipore, 24-Parganas (South). It was earlier heard by this court (with A.B.Mukherjee, J.) and was disposed of by the Order dated 22.12.95 with a direction that the pending proceeding against the petitioner be quashed. As against this order, the Central Bureau of Investigation (hereinafter referred to as the CBI) preferred an appeal before the Supreme Court, which was numbered as Criminal Appeal No. 46 of 1997 (arising out of SLP (Crl) No. 1364 of 1996). By an order dated January 17, 1997 the Supreme Court accepted the appeal, set aside the order of this court and remanded the matter for deciding the instant revisional petition afresh on merits. A relevant extract of the order of the Supreme Court may be placed as below:

(2.) After the remand, certain time was consumed in procuring attendance of the petitioner by an Administrative notice and also thereafter in insisting upon early hearing of the matter. This revisional petition was thus heard on 6.5.1998.

(3.) The criminal case referred to above was instituted against the petitioner on the basis of a complaint lodged by one Subodh Chandra Dutta, one of the partners of M/s. Metaflux Corporation, with the Superintendent of Police, Central Bureau of Investigation at 13, Lindsay Street, Calcutta on November 28, 1987 for the alleged commission of an offence punishable under section 161 of the Indian Penal Code. The allegation levelled in the complaint was, inter alia, to the effect that the petitioner had demanded a bribe/illegal gratification of Rs. 700 from Subodh Chandra Dutta, a tenant of Rehabilitation Industries Corporation Ltd. in lieu of promise to regularise the unauthorised construction made by him inside the premises. A trap was laid by the officers of the Central Bureau of Investigation on 30.11.87 and the petitioner was allegedly caught accepting a bribe of Rs. 700. The Central Bureau of Investigation filed a chargesheet against the petitioner for an offence under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 on 11.2.88 after completion of the investigation. Cognizance of the offence was taken by the learned Special Judge under the West Bengal Special Courts Act, 1949 on 9.7.1988.