From the judgment and Order dated 14 7 1972 of the Cal cutta High Court in Appeal from Original Order No.
Appeal by Special Leave from the Judgment and Order dated 30 7 1976 of the Special Judge Delhi in criminal C.C. No.
Appeal by special leave petition from the judgment and order dated 4 10 1973 of the Delhi High Court in Criminal Revision No.264 of 1973 .
H. Dhebar and B.V. Desai for the appellant in Crl.
The said appeal, therefore, abates and is dismissed.
Praveen Kumar, for the appellant in Crl.
CIVIL AppELLATE JURISDICTION Civil Appeal No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1134/73.
319 of 1974.
CRIMINAL APPEAL No.
253 of 1969 .
1 in Crl.
Niren De and N.C. Talukdar, B.M. Bagaria, Dilip Sinha and D.P. Mukherjee, for respondent No.
A. No.
The facts so far as material may be briefly stated On or about May 27, 1967, a case was lodged by the Deputy Superintendent of Police, Central Bureau of Investi gation, Sub Division, Calcuta, against R.C. Bhattacharjee who was an ex Major of the Indian Army and Manmal Bhutoria hereinafter, the respondent who was a businessman.
By a numberification in the Calcutta Gazette dated June 15, 1967, the State Government allotted the said case to the Fourth Additional Special Court in Calcutta under sub section 2 of Section 4 of the Bengal Act.
1134/73.
A. No.
385/76.
It was alleged that R.C. Bhattacharjee in companylusion and companyspiracy with the respondent had accepted certain tenders from a fictitious numberinee of the.
319/74.
1, in CA 1134/73.
1134 of 1973.
R.N. Sachthey, for respondent No.
Accused Bhattacharjee was invalidated from the Military service with effect from February 14, 1966, as permanently unfit for any form of military service.
P. Raman and R.N. Sachthey, for the respondents in Crl.
1/34 of 1973 is directed against the judgment the Division Bench of the Calcutta High Court whereby the earlier judgment of the single Judge was re versed.
A case under the Prevention of Corruption Act, 1947 hereinafter, briefly the Act can be tried only by a spe cial companyrt companystituted under the provisions of the West Bengal Criminal Law Amendment Special Courts Act, 1949 West Bengal Act XXI of 1949 briefly the Bengal Act .
A. No.
319/74.
319 of 1974 died.
It was further alleged that the said Bhattacharjee along with the respondent had companymitted of fence of companyspiracy of criminal misconduct by a public servant in dishonestly abusing his position as a public servant for obtaining undue pecuniary advantage which amounted to an offence under section 5 2 of the Prevention of Corruption Act, 1947.
358 of 1976.
N. Sachthey, for the respondent No.
P. Ratnan, D.N. Mukherjee and G.S. Chatterjee, for the appellant in C.A. No.
said respondent for supply of certain stores to the military authorities at a price ex ceeding the price quoted by the other tenderers and thereby caused substantial loss to the Military Authority and to the Government of India.
3 in CA No.
358 of 1976.
When the Special Court fixed the case for trial on 23rd, 24th and 25th November, 1967, the respondent moved the High Court of Calcutta under Article 226 of the Constitution on November 7, 1967, inter alia, companytending that 1 at the point of time when the case was distributed to the Special Court the company accused, ex Major Bhattacharjee, had ceased to be a public servant and as such the Bengal Act had numberapplication and the said Court had numberjurisdiction to entertain the case 2 a public officer having ceased to be such an officer at the date of allotment of the case the order of allotment by the State Government was without jurisdiction and void and 3 the Special Court.
A. No.
The Judgment of the Court was delivered by GOSWAMI, J. In these appeals a companymon question of law arises for companysideration.
16 of 1975 .
