Calcutta High Court (Appellete Side)
In Re : Subhendu Hazra & Anr vs The State Of West Bengal & Ors on 1 June, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
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01.06.2017.
rc
CRR No. 1807 of 2017
In Re : Subhendu Hazra & Anr. Vs. The State of West Bengal & Ors.
Mr. Sekhar Bose
Mr. Sudipta Moitra
Mr. Ashok Dey .. For the petitioners
This criminal revisional application has been moved before this Court challenging
the order no. 51 dated 05.05.2017 passed by the Learned Judge, Special Court at Darjeeling
being Case No. 2/12 pending before the Judge, Special Court under Prevention of
Corruption Act arising out of Matigara Police Station Case No. 67/2010 dated 30.03.2010
under sections 409/120B of the Indian Penal Code and under sections 13(1)(C )(D)(ii)(ii) of
the Prevention of Corruption Act.
Mr. Sekhar Bose, learned senior advocate, heavily assisted by Mr. Sudipta Moitra,
learned advocate, appearing on behalf of the petitioners, submits that petitioners are the
directors of a registered company viz. M/s Pacific Computer Data Processing Pvt. Ltd.
(hereinafter referred to as the "said company"), the registered office of which is at Everest
House, 46C, Jawarharlal Nehru Road, Kolkata 700 071. The said company is engaged in
the business of result processing jobs through computers for under graduate and post-
graduate examination. The said company is doing such jobs for various renowned
universities in the State of West Bengal including North Bengal Universities. The said
company is expert in the field of result processing jobs through computers and doing such
jobs for more than 25 years. The petitioner raised a bill amounting to Rs. 10,45,144.00 for
their works to the Controller of the Examination, University of North Bengal.
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Mr. Bose submits that petitioners are in no way involved in the said offence and the
petitioners' names are not appearing in the FIR. Only in the charge-sheet the petitioners'
names are appearing. Petitioners' names were notified. Petitioners appeared and
produced all records. Thereafter petitioners filed an application for discharge before the
learned Judge, Special Court, Darjeeling. Unfortunately that application was rejected by
order no. 51 dated 05.05.2017.
I have considered the contentions of the learned counsel appearing on behalf of the
petitioner and the materials made available on record.
In my considered view the order no. 51 dated 05.05.2017 passed by the Learned
Judge, Special Court at Darjeeling being Case No. 2/12 pending before the Judge, Special
Court under Prevention of Corruption Act arising out of Matigara Police Station Case No.
67/2010 dated 30.03.2010 under sections 409/120B of the Indian Penal Code and under
sections 13(1)(C )(D)(ii)(ii) of the Prevention of Corruption Act be stayed only in respect
of the petitioner for a period of eight weeks or until further order whichever is earlier.
Let this application be appear before the appropriate regular Bench in the monthly
list of July, 2017 under the heading "Contested Application".
The petitioner is directed to serve a copy of this application along with this order
upon all the respondents as also learned Public Prosecutor of this Court.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Samapti Chatterjee, J.) 3