Heard Mr D.K. Das, learned counsel for the petitioner and Mr J.M. Choudhury, learned counsel appearing for the respondents.

2. The C.B.I. (SPE), Silchar had filed a case against Shri Partha Sanyal, Accountant, Indian Bank, Silchar and one Shri K. James, before the Special Judge, Assam, Guwahati under Section 419,420, 467, 468, 471, IPC read with Section 13(l)(d) of the Prevention of Corruption Act. The case was registered as Special Case No. ll(C)/93. So far as the respondent, Partha Sanyal is concerned, the Special Judge discharged him, vide order dated 12.5.95, and so far as respondent, K. James is concerned, it was held that since he was not a public servant, his case need not be tried by a Special Judge. This criminal revision was filed under Section 397, Cr.P.C., against the order of discharge, dated 12.5.95, against Shri Parhta Sanyal. Though Shri K. James is also arrayed as a respondent, but no relief has been claimed by the petitioner, C.B.I.

3. It may be observed here that vide order dated 19.6.97, Mr. Justice V.D. Gyani, a Judge of this Court (since retired) had accepted the revision petition and set aside the order dated 12.5.95 discharging Shri Patha San