1. THE challenge in this revision application under Section 397, 401 read with Section 482 of the Criminal Procedure Code is to the legality and validity of the proceeding in G.R. Case No. 292/2005 arising out of Gaighata P.S. Case No. 64 dated 17.4.2005 under Section 403/406/409, IPC lying in the Court of learned Additional Chief Judicial Magistrate, Bongoan. The petitioners Jiarul Mondal and Nijanur Rahaman Biswas have taken out this application with a prayer to quash the entire proceedings on the following grounds:

a) that they being 'public servants' under Section 8 read with Section 2(31)of the WBCS Act, 1983 vis-a-vis Section 21 of the Indian Penal Code, can not be prosecuted in the Criminal Court ordinarily having jurisdiction over the alleged incident;

b) that in view of Section 139(3) of the WBCS Act 1983, previous sanction of the Registrar of Co-operative Society is required to be obtained prior to lunching the Criminal Prosecution against the petitioners, which was not done;

c) that a civil dispute over the selfsame issue was initiated and disposed of by the ARCS, Tamluk, Midnapur in which the petitioners were found not responsible for the alleged anomalies in the