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1961 Supreme(Cal) 90

D.N.DAS GUPTA, DEBABRATA MOOKHERJEE, S.K.SEN, H.K.BOSE, P.B.MUKHARJI
AJIT KUMAR PALIT – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Anil Kumar Sen, S.M.BOSE, S.N.BANERJEE, S.S.MUKHERJEE, SUKUMAR MITRA, SURATHI MOHAN SANYAL

P. B. MUKHARJI, J.

( 1 ) ON the view expressed by a Division Bench of S. K. Sen, J. and K. C. Sen, J. by their order of reference dated the 31st August. 1960 the learned Chief Justice constituted this Full Bench for determination of the following points raised on the order of reference :" (1) Does the Special Judge appointed under the West Bengal Criminal Law Amendment (Spe- cial Courts) Act, 1949, to whom the case has been allotted by notification under Section 4 (2) or the Act need a petition of complaint for taking cognizance of the case or does he take cognizance when on receiving the Government notification and the record of the case from the Court of the Magistrate, he applies his mind to the-facts of the case; and (2) Was this point rightly decided in the un-reported decisions in two Criminal Appeals-Nos. 377 of 1958 with the title Sudhanshu Ram Guha v. The State and 393 of 1959 with the title Nemai Chandra Paul v. The State being cases decided by a Division Bench of N. K. Sen, J. and D. N. Das Gupta, J. 011 the 6th July, 1959 and in four Criminal Revision Cases 1545 to 1548. of 1959 with the title The State v. Pranlal Jamunalal Vora decided by the Division Bench of N. K. S


















































































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