- (1.)THE Learned First Special Court, Alipore, 24-Parganas (South)discharged the opposite parties in connection with the Special Case No. 2 of 1997 arising out of R. C. 30 of 1989 under Section 120b/409/477a of the indian Penal Code and under Section 5 (1) (c) read with Section 5 (2) of the prevention of Corruption Act, 1947, corresponding to Section 13 (1) (c) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and the said order of discharge is under challenge in the instant Criminal Revision at the instance of the Central Bureau of Investigation.
(2.)THE background of the case are as follows,
(a) The accused/opposite party No. 1 Asit Baran Banerjee, Divisional cashier, Cash and Pay Office, Eastern Railways, Sealdah, in criminal conspiracy with the accused/opposite party No. 2 Manabendra Dutt Chowdhury a Former Junior Divisional Cashier, Eastern Railway, as superannuated on october 31, 2000 misappropriated a railway fund of Rs. 2. 16 lakhs by dishonestly and fraudulently falsifying Books of Accounts and records and by falsely showing receipt of Rs, 64,91,207. 71 paise against actual receipt of Rs. 67,07,207. 71 paise against an entry dated July 9, 1997.

(b) After completion of investigation the C. B. I. submitted charge-sheet under Section 120b/409/477 of the Indian Penal Code and under Section 5 (1) (c) read with Section 5 (2) of the Prevention of Corruption Act, 1947, corresponding to Section 13 (1 ) (c) read with Section 13 (2) of the Prevention of corruption Act, 1988, before the Learned Judge, First Special Court, Alipore, against the accused/opposite parties. Whereupon, the Special Case No. 4 of 1992 was registered and on September 4, 1991 the learned Court took cognizance and on August 13, 1992 charge was framed against the said accused/opposite parties.

(c) Subsequently, the accused/opposite parties filed an application for discharge and by an order dated September, 15 1994 the Learned Special judge allowed the application and discharged them from the case. The said order of discharge as passed by the learned Special Court based on the decision of this Hon'ble Court in the case of H. D. . Burman v. C. B. /. , reported in (1993)2 Cal HN 141, and on the sole ground the learned Special Court constituted under the West Bengal Law Amendment (Special Court) Act, 1949 before whom the matter was pending has no jurisdiction of take cognizance of offence punishable under Prevention of Corruption Act, 1988. The aforesaid order of discharge was never challenged before any higher forum.

(d) Subsequently, on January 1, 1997, on the self-same facts the C. B. I, submitted another charge-sheet under Section 120b/409/477a of the Indian penal Code and under Section 5 (1) (c)/5 (2) of the Prevention of Corruption act, 1947, corresponding to Section 13 (1) (c)/13 (2) of the Prevention of corruption Act, 1988 before the learned Special Judge, First Court, Alipore, which gave rise to the Special Case No. 2 of 1997.

(3.)IN connection with the Special Case No. 2 of 1997 the accused/ opposite parties once again filed an application for discharge under Section 239 of the Code of Criminal Procedure.