Bimal Kumar Pathak vs The State Of West Bengal & Anr
2022 Latest Caselaw 6580 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                           CRR 3050 of 2022
                         Bimal Kumar Pathak
                                  Vs.
                     The State of West Bengal & Anr.



For the petitioner      : Mr. Abhimanyu Shandilya, Adv.
                          Ms. Simi Paul, Adv.

Heard on                : 14.09.2022

Judgment On             : 14.09.2022.


Bibek Chaudhuri, J.

Though the instant revision under Section 482 of the Code of

Criminal Procedure is filed by the petitioner for quashing of the entire

proceeding arising out of Charge Sheet No.11 of 2018 dated 24 th

April, 2018 under Sections 7 & 13(2) read with 13(1)(d)(i) and 13 (1)

(d)( ii) of the Prevention of Corruption Act, it is ascertained from the

submission made by the learned Advocate for the petitioner that the

petitioner has already filed an application under Section 239 of the

Code of Criminal Procedure in the Trial Court sometimes on 27 th

September, 2018, till date the said application under Section 239 of

the Code of Criminal Procedure has not been disposed of by the Trial

Court. In the meantime, the hearing of the said application was

adjourned for as many as 33 times.

The petitioner has alleged his false implication in the above-

mentioned case at the behest of State machinery as he in his capacity

as Audit and Accounts Officer under the Auditor General, West Bengal

detected misappropriation of fund of Indira Awas Yojana by Uttar

Dinajpur Zilla Parishad. Thus, a false complaint was lodged on 16 th

December, 2017 against the petitioner alleging, inter alia, that he

claimed bribes from the cashier of the Goalpokher-II Panchayat

Samity on the assurance that he would submit audit report in respect

of audit of the said Panchayat Samity without mentioning any

financial fault allegedly made by them. The said application was

lodged on 16th December, 2017 before the Superintendent of Police,

Anti Corruption Branch at about 4:45 p.m. and the Investigating

Officer reached Uttar Dinajpur covering a distance of about 450 Kms

from Kolkata for causing investigation and immediately within half an

hour formal FIR was lodged.

It is pointed out by the learned Advocate for the petitioner that

before lodging complaint, the Investigating Agency started for Uttar

Dinajpur from Kolkata in the night of 15 th December, 2017. This

palpably show that the institution of the case against the petitioner

was preplanned and only to wreak vengeance against him because he

had detected misappropriation of fund by Uttar Dinajpur Zila Parishad

during audit.

Since the petitioner has already filed an application under

Section 239 of the Code of Criminal Procedure, the petitioner is given

liberty to agitate all such points as taken in the instant revision before

the learned Trial Judge.

Considering such aspect of the matter, I am not inclined to

admit this revisional application at this stage. However, the petitioner

is at liberty to approach this Court for redressal of his grievance at

any subsequent point of time as advised to him.

Since the application under Section 239 of the Code of Criminal

Procedure is pending for a long time, the learned Trial Judge is

directed to dispose of the said application positively within 3 months

from the date of communication of this order.

The instant revision is, thus, disposed of.

The petitioner is at liberty to act on the server copy of the

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.150.

M/L.