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IN THE HIGH COURT OF CALCUTTA
Bibek Chaudhuri, J.
Nirmal Maji - Appellant
Versus
Kunal Saha - Respondent
CRAN/1/2022 in CRR 1086 of 2022
Decided On : 29-07-2022
Jurisdiction - Special Court - Indian Penal Code - Sections 500/501 - Summary
Fact of the Case:
The petitioner challenged the order dated 24th March, 2022 passed by the Special Court, West Bengal, for the offence punishable under Sections 500/501 of the Indian Penal Code. The petitioner argued that the Special Judge lacked jurisdiction to try the Magistrate triable case, and requested the trial to be postponed until the establishment of a Special Magisterial Court.
Finding of the Court:
The court found that the Special Judge lacked jurisdiction to try the Magistrate triable case and expressed concern over the delay in establishing a Special Magistrate's Court. It directed the Registrar (Judicial Service), High Court, Calcutta to take a decision on designating a court of the learned Judicial Magistrate, First Class to try all pending Magistrate Triable Cases in the State of West Bengal instituted against the elected M.Ps and M.L.As.
Issues: The main issue was the jurisdiction of the Special Judge to try the Magistrate triable case and the delay in establishing a Special Magistrate's Court.
Ratio Decidendi: The court held that the Special Judge lacked jurisdiction to try the Magistrate triable case, emphasizing the importance of a speedy trial and expressing concern over the administrative delay in conferring jurisdiction to a court to try particular class of pending cases.
Final Decision: The court set aside the impugned order dated 24th March, 2022 and directed the Registrar (Judicial Service), High Court, Calcutta to take a decision on designating a court of the learned Judicial Magistrate, First Class to try all pending Magistrate Triable Cases in the State of West Bengal instituted against the elected M.Ps and M.L.As.
JUDGMENT
Bibek Chaudhuri, J. - In the instant revision, legality, validity and propriety of the order dated 24th March, 2022 passed by the Learned Judge, Special Court, West Bengal (MP's and MLA's cases), Bidhannagar in Special Case No. 51/2018, original Case No. C/CNS/415 of 2017 for the offence punishable under Sections 500/501 of the Indian Penal Code has been challenged.
2. It is stated by the petitioner that the petitioner had been arraigned as one of the accused persons in Complaint Case No. C/CNS/415 of 2017 initiated at the instance of the opposite party being the complainant alleging commission of offences punishable under Sections 500/501/120B of the Indian Penal Code.
3. Suffice it to state for the purpose of disposal of the instant revision that in Writ Petition(s) (Civil) No.(s) 699/2016 (Ashwani Kumar Upadhyay -Vs.- Union of India), the Hon'ble Supreme Court vide order dated 14th December, 2017 was pleased to direct the State Governments of the country to set up Fast Track Courts (12 in all) in consultation with the High Courts to dispose of 1581/1571 cases presently pending against the elected MPs/MLAs. It was further directed that the said special Court would start functioning from 1st March, 2018 in a fast track manner for speedy disposal of the cases instituted against the elected MPs/MLAs.
4. By the High Court, Appellate Side, Calcutta Notification No. 1380A dated 6th March, 2018, it was intimated to all the District Judges of West Bengal including Andaman and Nicobar Islands and the Chief Judge, City Sessions Court that a new special Court in the rank of District Judge (Entry Level) has been established for trial of pending cases involving MPs and MLAs. The District Judges in the State of West Bengal and Andaman and Nicober Islands and the Chief Judge, City Sessions Court, Calcutta were further directed to transfer pending case records relating to MPs and MLAs to the temporary Special Court for disposal. Accordingly, all pending cases against elected MPs and MLAs as of 6th March, 2018 were transferred lock, stock and barrel to the said Special Court.
5. Be it mentioned here that initially seat of the Special Court was at Barasat in the district of North 24-Parganas and subsequently, it was sifted to the permanent site at Mayukh Bhawan, Salt Lake vide Notification No. 433-RG dated 27th January, 2021. It is not in dispute that all the cases, both sessions triable and magisterial triable were transferred to the aforesaid Special Court for fast track trial and disposal.
6. Subsequently, on 24th November, 2021, in IA No. 149484/2021 in Writ Petition (Civil) No. 699/2016 (Ashwani Kumar Upadhyay -Vs.- Union of India & Anr.) the Hon'ble Supreme Court passed an order clarifying further the order dated 4th December, 2017 with the following direction:-
'11. ...We further direct that the cases triable by Magistrates which are pending before the Sessions Court in view of the circular dated 16th August, 2019 shall stand transferred to the Court of competent jurisdiction.
However, the entire record and proceedings shall be transferred to the Court of the designated Magistrate and the proceedings shall commence during the stage which has been reached prior to the transfer of the proceedings, as a consequence of which the trial shall not have to commence afresh. Thus, the Hon'ble Supreme Court vide order dated 24th November, 2021 was pleased to reiterate that the Magistrate triable cases instituted against the elected M.P.s. and M.L.A.s shall be disposed of by the Special Magisterial Courts and the Sessions triable cases would be tried and disposed of by the learned Special Judge having Sessions power to conduct the Sessions cases instituted and pending against the elected M.P.s and M.L.A.s.'
7. It is contended by the learned advocate for the petitioner/accused that after the order dated 24th November, 2021 passed by the Hon'ble Supreme Court in the aforesaid matter, the learned Sessions Judge had no jurisdiction to try the Magistra
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