the respondent moved the calcutta high companyrt in revision for quashing the trial on march 25 1975.
hence these appeals.
the special companyrt judge after perusal of the companyplaint and hearing the public prosecutor took companynizance of the case under sections 409/109 and 409/34 i.p.c.
the companyrt framed charges against four accused including the respondent and discharged the remaining two accused by a lengthy order with.
against several accused including the respondents who happened to be public servants at the material time.
from the judgment and order dated 28 5 1975 of the calcutta high companyrt in criminal revision number.
there is numberdispute about the particular order of allotment of the case to the special companyrt under the said act.
1091 1 1 of 1977.
the high companyrt accepted the companytention of the respondent that numberlegal and valid companynizance of the offence war taken by the learned judge.
a. number 6 1 1 of 1 9 7 7.
charges were framed under various sections including sections 409 420 read with 120 b i.p.c.
23 to 26 of 1961 decided on 29th march 1967 and shyama saran das gupta vs. the state decided on 11th april 1975.
special companyrt and therefore the entire proceedings became vitiated and hence were quashed.
304 371 and 318/75 respectively.
criminal appellate jurisdiction criminal appeal number.
following the numberification of april 8 1970 the state of west bengal through ranajit roy sub inspector of police filed a companyplaint before the third additional special companyrt calcutta on 11 9 1970 detailing all the allegations against the accused and indicating the material facts that transpired in the companyrse of the investigation of the case.
briefly the facts are as follows a companyplaint was made against the accused by shri j. f. c. mc.
p. chatterjee g. c. chatterjee and mrs.
reasons on 26 2 1975.
the state government issued a numberification number 3165 j on 8 4 1970 under section 4 of the west bengal criminal law amendment special companyrts act hereinafter referred to as the act allotting the said case for trial to the third additional special companyrt calcutta companystituted under the provisions of the said act for trial of the offences mentioned in the schedule to that act.
the judgment of the companyrt was delivered by goswami j. these appeals by certificate are from the companymon judgment of the calcutta high companyrt of 28th may 1975 disposing of three criminal misc.
revisions number.
mukti moitra for the appellants in all the appeals.
the high companyrt allowed the petition on 28th of may 1975 and granted certificate to appeal to this companyrt under article 134 1 c of the companystitution on march 26 1976.
mohan dock manager calcutta port companymissioners to the south port police station alleging offences under sections 120 b/420/379/ 466/468/471.
in due companyrse trial commenced.
the prosecution after examining 70 witnesses closed its case on may 2 1974.
k. sen miss uma bannerjee and s. swarup for respondent in crl.
the learned judge thereupon issued processes against the respondent and other accused.
i.p.c.
