Sankari Prasad Das Ghosh, J. - (1.) This application, heard as contested application, is for quashing a proceeding, being Special Trial No. 3 of 1971 pending in the court of the Judge, Special Court. Darjeeling, under section 120B, I.P.C. read with sections 5(l)(c) and 5(l)(d) of the Prevention of Corruption Act, 1947 and sections 109 and 471, I.P.C. 4 similar application has been filed for quashing the proceeding, being Special Trial No. 2 of 1971 pending in the same court against the petitioner and others under the aforesaid sections. These two Special Court cases and five other cases have cropped up out of a police report submitted in the court of the Judge, Special Court, Darjeeling, against the petitioner and seven other persons of 59 Field Company on the allegation of drawal of a total amount of Rs. 2,94,794/- while preparing false and fictitious muster rolls and showing payments to the labourers, without either employing the labourers for the operational jobs or making payments to them, in connection with construction of a road from Dzuluk to Lunghtu in Sikkim commencing in the year 1956 and thereby misappropriating a total sum of Rs. 1,13,062/-, the misappropriation being done by the petitioner and Captain A.S. Deshpande.
(2.) The petitioner's case is that he joined the Indian Army as a 2nd Lieutenant (Commissioned Officer) in the Corps of Engineers in about February, 1964 and was posted to 59 Field Company, then stationed in Sikkim, which was entrusted with the job of construction of the aforesaid road. The construction of the road was practically completed when the petitioner was posted to 59 Field Company in January, 1967. The petitioner was directed to supervise the black topping (carpeting) or certain portion of that road, which was not finished when the petitioner was transferred to Sikkim. The road was completed and the entire unit of the 59 Field Company came down to Siliguri in March or April, 1967. The petitioner sat for the I.A.S./Central Services Examination conducted by the Union Public Service Commission in about October, 1968 and joined as an Appraiser in the Bombay Customs after obtaining voluntary release from the Indian Army on 5.12,69. Subsequently, the petitioner received an order dated 7.11.70 from the Collector of Customs, Bombay, by which he was placed under suspension with immediate effect on account of investigation of a criminal case started against some top officers of the 59 Field Company and the petitioner. This order of suspension was revoked by the President of India on 27.10.72. Seven cases were registered in the court of the Judge, Special Court, Darjeeling, being Special Court Case Nos. 1 of 1971 to 7 of 1971. The petitioner was shown as an accused in two of the Special Court Cases, being Special Court Cases Nos. 2 of 1971 and 3 of 1971 on the basis of the police report submitted against the petitioner and seven other accused persons. The petitioner has prayed for quashing these two proceedings pending against him in the court of the Judge, Special Court, Darjeeling by filing these two petitioners under section 482, Cr.P.C.
(3.) Mr. Ghosh, learned Counsel for the petitioner, has submitted that the proceedings should be quashed on two-fold grounds, viz, absence of jurisdiction of the court of the Judge, Special Court, Darjeeling, to entertain the complaint and inordinate delay of about 15 years before framing of charge in the cases. It is not disputed that the old Code of Criminal Procedure, 1898 governs the cases.;