KALIDAS MUKHERJEE, J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings of Special Court Case No. 4 of 1985 arising out of Park Street/'K' Police Station Case No. 126 dated 05.03.1981 under Sections 420/120B of the Indian Penal Code pending before the learned Judge, 5th Special Court, Calcutta.
(2.) THE complaint was lodged under Section 420/120B being Park Street/'K' Police Station Case No. 126 dated 5.03.1981. THEreafter Subir Kr. Basu, the petitioner herein moved the Honourable Apex Court under Article 32 of the Constitution of India praying for quashing of the proceedings. The Writ Petition (Crl.) No. 67 of 2009 was disposed of by the Honourable Apex Court with the following observation:- "Accordingly, we dispose of the writ petition with a direction upon the Calcutta High Court to take immediate steps to ensure that orders are passed by the State Government to appoint a Presiding Officer for the 5th Special Court which is lying vacant, within one month from the date of communication of this order. The State Government is also directed to see that this order is complied with immediately and we further direct that the trial must be concluded within six months from the date of appointment of the Presiding Officer of the 5th Court of Special Judge, Calcutta. In default, the proceedings emanating form P.S. Case No. 136, IPC shall stand quashed." The learned Court below vide Order dated 9.03.2011 rejected the prayer for the discharge of the accused persons. Being aggrieved by the said order the accused Subir Kr. Basu has preferred the instant writ application praying for quashing of the proceedings.
(3.) THE learned Counsel appearing for the petitioner submits that the date of communication of the order of the Honourable Apex Court to this Honourable Court is very material and from the Affidavit filed by the Opposite Party No. 2 it is not clear when the order of the Honourable Apex Court was received by the Government or by this Honourable Court. The learned Counsel appearing for the petitioner submits that if it is found that the direction of the Honourable Apex Court has not been complied with, in that case the trial before the learned Court below cannot proceed and the accused will be entitled to get an order of discharge.;