( 1 ) THE instant application under section 482 of the Criminal Procedure is directed against the order dated 15. 9. 97 passed by the learned Judicial Magistrate, Second Court, Sreerampore in G. R. Case No. 1336 of 1995 corresponding to Uttarpara P. S. Case No. 203 dated 5. 11. 95.

( 2 ) THE petitioner was posted as ward master in the Uttarpara General Hospital in the year 1995. On 5. 11. 95, a private individual (the opposite party No. 1) lodged a complaint with the O. C. Uttarpara Police Station alleging that while he was passing along the street, he noticed the petitioner bringing out some articles such as tin and polythene made empty gerican and sealed saline bottles from the campus of Uttarpara General Hospital and that a rickshaw puller was also present there at that time. It was alleged in the complaint that the petitioner was trying to sell the said articles of the hospital without any authority. On the basis of the said complaint, Uttarpara police case was started under sections 409, 120b IPC against the petitioner and under sections 411, 120b IPC against another who is not a public servant.

( 3 ) AFTER investigation, police submitted charge-sheet agains