Such application was made by the petitioner on 10.9.2003, but the same was rejected by the learned trial Judge which impelled the respondent No.
The High Court disposed of the revision petition granting liberty to the trial Judge to proceed with the matter while the respondent No.1 was given liberty to adjudicate the points which had been taken by him in the revision application before the learned trial Judge.
It is against the said order of the High Court that the instant appeal has been filed by the State of West Bengal.
Thereafter, on the basis of the F.I.R. lodged by Shri Nikhil Kumar Roy investigation was started under Section 468, 471, 420 and 511 of the Indian Penal Code, hereinafter referred to as IPC , by the Hare Street Police Station.
Charge sheet was filed on 16.1.2003, on the basis whereof the Special Court assumed jurisdiction under the Special Courts Act, 1949, against the respondent No.1 treating him to be a public servant and framed charges against him under Section 420/468/471 and 511 IPC.
Aggrieved by the order of the Special Judge 4th Court, Calcutta, taking companynizance on the basis of the charge sheet filed, the respondent No.1 moved the High Court in revision CRR No.1931 of 2003 alleging that the companynizance taken was illegal since numbersanction had been obtained by the investigating agency to file a charge sheet against him.
ALTAMAS KABIR,J. Leave granted.
The said Writ Petition, being No.1311 of 1999, was disposed of by a Division Bench of the Calcutta High Court on 23.6.1999, holding that the writ petitioner companyld have lodged a First Information Report or filed a companyplaint petition before the companycerned Magistrate.
The respondent No.1 surrendered before the Chief Metropolitan Magistrate, Calcutta, on 17.1.2000, and was released on bail.
