JUDGMENT

Gobinda Chandra Chatterjee, J. - This revisional application is directed against order No. 29 dated 7-11-81 and the subsequent order No. 30 dated 27-11-81 passed by Sri N.M. Bhattacharya, Special Court Judge in. Case No. 41 of 1978 refusing to take cognizance of an offence under the Special Court Act except on a written complaint and directing release of the accused-opposite parties Nemai Chand Mohanta and Anil Kumar Chakraborty.

2. What happened is that on 7-11-81 during pendency of the aforesaid criminal case both the two accused-opposite parties remained absent. It suddenly occurred in the mind of the learned Special Judge that a formal complaint in the record was miserable wanting. This goaded the learned Judge to observe as follows:

"It may be reiterated once again that by no stretch of imagination can I convince myself that cognizance can be taken out of nothing or upon allotment order or upon perusal of lower court's record. Court is to take cognizance of an offence and not of an allotment."

The matter was again taken up on 27-11-81. On that day the Court observed as follows:

"It is unthinkable that without a written complaint being filed, the court can be expected