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B.P.SINGH, N.S.HEGDE
State of West Bengal – Appellant
Versus
Sadan K. Bormal – Respondent


Counsel for the Parties :
For the Appellant :A. Subba Rao, Ms. V. Mohana, Ms. Sushma Suri, Advocates.
For the Respondents:Uma Datta, Advocate.

Judgment

B.P. Singh, J.—The State of West Bengal has preferred this appeal by Special Leave impugning the judgment and order of the High Court of Judicature at Calcutta dated 21st February, 1997 in Criminal Revision No. 2578 of 1994 whereby the High Court quashed the criminal proceedings against the respondents herein holding that the 3rd Special Court, Calcutta appointed under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 for trying offences under the Prevention of Corruption Act, 1947 (for short Act of 1947) had no jurisdiction to try the respondents for the alleged offences after coming into force of the Prevention of Corruption Act, 1988( for short Act of 1988) w.e.f. 9th September, 1998. In substance, it held that though the said court was earlier empowered to try offences under the Act of 1947, since no such jurisdiction was conferred upon it afresh after coming into force of the Act of 1988, which repealed the Act of 1947, it had no jurisdiction to try such offences after coming into force of the Act of 1988.

2. The facts of the case which are not in dispute may be briefly recapitulated. The respondents herein were employees of the State Bank of India and

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