Once offences under the special anti-corruption statute are added to a criminal case, the magistrate loses jurisdiction to pass further orders. The case must be transferred to the designated special judge, as the special statute mandates exclusive jurisdiction, rendering subsequent actions by the regular magistrate procedurally invalid.

Judgment :

Krishna Rao, J.

1. The petitioner has filed the present application under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of proceedings of G.R. Case No. 59 of 2006 pending before the Learned Court of the Chief Judicial Magistrate, Darjeeling, arising out of Darjeeling Sadar Police Station Case No. 31 of 2006 dated 23rd May, 2006, under Sections 420/467/468/471/409/120B of the Indian Penal Code, 1860 and Sections 13(1)(d)/13(2) of the Prevention of Corruption Act, and all orders passed by the Learned Chief Judicial Magistrate including the order passed by the Learned Additional District and Sessions Judge, 3rd Court, Darjeeling, dated 27th June, 2011, rejecting the application filed by the petitioner for discharge and affirmed the order passed by the Learned Chief Judicial Magistrate, Darjeeling by an order No. 45 dated 27th August, 2009.

2. On the basis of written complaint of the Principal Secretary and Council Project Director, SSA, Darjeeling Gorkha Hill Council (hereinafter referred to as “DGHC”) dated 22nd May, 2006, the Police of Sadar Police Station, Darjeeling initiated an FIR No. 31 of 2006 dated 23rd May, 2006, under Sections 420/467/468/471/409/120B of the Indian Penal Code against Shri Lakpa Rynden, WBCS, Ex-Education Secretary, DGHC and Council Project Officer, SSA and seven others including the petitioner herein on the following allegations:

“A case of fraudulent drawl & misappropriation of fund from SSA, DGH Account No. 641 maintained with DCCB, Darjeeling has come to our notice. This drawl of fund relates to the disbursement of funds under SSA for construction of new School Buildings, Water & Toilet Blocks in 102 schools, construction of additional class rooms in 90 schools and the total fund involved in this is Rs.5,14,50,000/- (rupees five crore fourteen lakhs and fifty thousand only). It appears that this fraud has been committed with collusion of ex-Education Secretary, Shri L. Rynden, staff of SSA cell Namely, late Dilip Kumar Rai, Bishan Thapa, Bijan Thapa, Ramesh Thapa, SAE Prenit Rai. There appears to be collusion between these officers & staff with the branch managers of DCCB, Darjeeling namely Mr. D.M. Tamang, B.B. Chhetri, and Mr. S. Miya. The fund has been fraudulently withdrawn and misappropriated from the available SSA funds in DGHC starting December 2004 up till March 2005. This fraudulent drawl of fund has taken place from the Current Account No.641 of District Central Cooperative Bank (DCCB), Darjeeling with the involvement of the Ex-Education Secretary, DGHC and the Council Project Officer SSA, DGHC Shri L. Rynden, WBCS, Branch Manager In-charge of DCCB, Darjeeling Shri D.M. Tamang and Managers Shri S. Miya, Shri B.B. Chhetri and the Council SSA Staff viz. Late Dilip Kumar Rai, Shri Bishan Thapa, Shri Ramesh Thapa, Shri Bijan Thapa and Shri Prenit Rai. It appears that the aforementioned persons in collusion withdrew an amount of Rs. 514.50 lakhs from the DCCB vide 30 cheques drawn at different dates on the same account and received the amo