KANCHAN CHAKRABORTY,J. - (1.) This application under Section 482 of the Code of Criminal Procedure, in fact and in substance, against an particular order dated 31.08.1099 passed by the learned Special Court (E.C. Act) - cum-Additional Sessions Judge, Burdwan in Criminal Motion No. 432 of 1997 whereby the order dated 11.09.1997 passed by the learned Judicial Magistrate, was set aside. There is no prayer for quashing of the proceeding, whatsoever. The petitioner, being the accused of the case, could have come straightway praying for revision of the order dated 31.08.1999 passed in Criminal Motion No. 432 of 1997 under Sections 397/399 read with Section 401 of the Code of Criminal Procedure.
(2.) Be that as it may, a short reference to the background of this application is required to be given for proper appreciation of the matter.
(3.) The Criminal prosecution was initiated in the year 1991 against the petitioner, Nitya Prosad Mukherjee, charge sheet was filed on 06.08.1994 under Section 420 of the Indian Penal Code. The petitioner, being the sole accused therein, take out an application on 21.02.1995 praying for his discharge under Section 167(5) of the Code of Criminal Procedure. For this reason or that reason, the application could not be disposed of by the learned Magistrate before 11.09.1997. The learned Magistrate discharged the accused/petitioner invoking the provisions of Section 167(5) of the Code of Criminal Procedure. A Criminal Motion was filed in the Court of the learned Sessions Judge by the prosecution, which was registered as Criminal Motion No. 432 of 1997. It was disposed of on 31.08.1999 whereby the learned Additional Sessions Judge was pleased to set aside the order passed by the learned Magistrate on 11.09.1997 and directed the learned Magistrate to proceed with the proceedings in accordance with law. The accused/petitioner has filed this application in this Court which has been registered As C.R.R. 384 of 2000 together with an application under Section 5 of the Limitation Act. Since filing of the application, the petitioner/accused did not appear or move the application till 28.06.2011. On that date, the application under Section 5 of the Limitation Act was taken up for hearing and delay in filing the revisional application was condoned.;