S.K.TIWARI, J. - (1.) THIS revisional petition is directed against the order 19th July, 1996, passed by learned 12th Metropolitan Magistrate, Calcutta, in G.R. Case No. 2888B of 1992.
(2.) THE Special Police Establishment (popularly known as C.B.I.) filed a charge -sheet against the opposite party under sections 420, 460, 468 and 471, I.P.C. in the Court of Chief Metropolitan Magistrate, Calcutta. The same was made over by him to learned 12th Metropolitan Magistrate, for disposal according to law. The learned Magistrate framed charges and examines one witness.
(3.) ON 3.6.96, the accused filed an application praying for his discharge on the grounds : (1) That the documents contemplated in sub -section (5) of section 173, Cr. P.C. had not been annexed to the challan by the prosecution; and (2) that the Special Public Prosecutor conducting the case was not competent to conduct the case on behalf of prosecution because he was working under the direct administrative and disciplinary control of the Director of C.B.I. who happens to be a Police Officer. The learned Magistrate upheld the defence contentions allowed the application, dropped the case and discharge the accused persons. Hence this petition.;