1. THE following questions have been raised by the petitioner:-

a) whether a Magistrate can issue process against an accused after filing of charge-sheet who was discharged earlier under Section 167(5) of the Code of Criminal Procedure, i.e., before filing of the charge-sheet;

b) whether the petitioner is a public servant within the meaning under Section 21 Indian Penal Code by virtue of Section 8 of the West Bengal Co-operative Societies Act, 1983;

c) if so, whether he is to be tried for an offence under Section 420 I.P.C. only by a Special Court as provided under Section 4 of the West Bengal Criminal Law (Amendment Act) Act 1949, (Act 21 of 1949).

2. MR. Somopriya Chowdhury, learned advocate appearing for the petitioner submits in respect of his first contention that once an accused has been discharged, the Magistrate cannot take cognizance against him by way of review or recalling of that order. To draw support to his contention, MR. Chowdhury refers to the decision of the Hon’ble Apex Court in Deepu@ Deepak Singh Vs. State of Madhya Pradesh reported in 2007(5) SCC 533.

3. MR. Joy Sengupta, appearing for the State submits that the discharge under Section 167(5) of Cr.P.C. o