Syamal Kanti Chakrabarti, J. - (1.) THE present revisional application under Section 401/482 Cr.P.C. has been preferred praying for quashing of the proceeding being G.R. Case No. 478/03 arising out of Durgachak P.S. Case No. 60/03 dated 10.12.2003 under Sections 409/269/278/427 IPC including order dated 25.05.2007 passed by the learned Additional District and Sessions Judge, First Court, Tamluk.
(2.) IT is contended on behalf of the petitioners that both the petitioners were Medical Technologists (Lab) who have been falsely impleaded in the above case on the basis of a complaint made by one Sajal Mistry, Superintendent, Haldia Sub-Divisional Hospital to the effect that the complainant came to know from some doctors about some foul smell emitting nearby and after careful search came to know from the staff that with the instruction of Dr. Naskar they stacked the condemned bags of blood in the septic tank and this was done twice or thrice within preceding 15 days and further added that about 100 such bags were dumped on Sunday the 7th December, 2003 under instruction of said Dr. Naskar on 06.12.2003. such disposal of blood and blood bags was done without any approval of authorities and without observing the prescribed norms and procedure causing embarrassment to the health services and environmental pollution of the locality. On the basis of such complaint the aforesaid Durgachak P.S. Case no. 60/03 dated 10.12.2003 was initiated under Sections 409/269/278/427 IPC. By filing another complaint the complainant changed the last paragraph of his earlier complaint where he has stated the involvement of Dr. Naskar and other staff and impleaded three persons including Dr. Moinuddin Naskar. On 30.05.2004 the police submitted charge-sheet being no. 16/04 in the form of a final report that no clue could be detected against the accused persons. On 12.08.2004 the de facto complainant filed an application before the learned erstwhile Sub-Divisional Judicial Magistrate, Haldia informing that he has no objection to accept the final report. But the state filed another application praying for reinvestigation of the case by CID which was allowed on 12.082.2008 and SP, Purba Medinipore was directed to make further investigation by competent police officer not below the rank of SDPO. On 20th July, 2005 the police submitted charge-sheet after reinvestigation under the aforesaid provision of the Penal Code against the present petitioners and one Dr. Moinuddin Naskar. From the order dated 29.07.2005 in G.R. case no. 477 of 2003 it appears that on receipt of the said report that as the case is triable by Special Judge, the learned erstwhile SDJM sent the case record along with all connected papers to the Court of learned Special Judge at Tamluk, Purba Medinipore directing sureties to produce the accused before the learned Special Judge. The accused persons then preferred several applications before the learned Special Judge praying for their discharge on grounds of which one plea was taken that the proceeding is void for want of sanction under Section 197 Cr.P.C. which is pre-requisite in the instant case. By order no. 17 dated 25.07.2007 the learned Additional Sessions Judge, First Court, Tamluk dismissed three petitions filed by three accused persons praying for their discharge and also disposed of two other applications filed for early hearing of the said prayer for discharge fixing 07.08.2007 for consideration of charge against the three accused persons.
(3.) BEING aggrieved by and dissatisfied with such order the present two petitioners namely, Pratap Chandra Roy and Mahima Ranjan Bera have preferred this revisional application. Learned lawyer for the petitioners has drawn my attention to anther order of this Honble Court passed in CRR 3034 of 2007 dated 06.09.2010 whereby one of the accused namely, Dr. Moinuddin Nasakr prayed for discharge on the same ground of non-compliance of mandatory provision of Sction 197 Cr.P.C. which was allowed by this Honble Court and the said petitioner was discharged and released from his bail bond. It is further submitted by the learned lawyer for the petitioners herein that both of them are on same footing and the investigation of this case resulting in charge-sheet without necessary sanction of the competent authority as required under Section 197 Cr.P.C. is a serious infirmity which vitiates this trial and as such further continuation of both these petitioners will be an abuse of the process of law which should be prevented by exercising inherent power of this Court.;