In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction Present:

The Hon’ble Justice Rai Chattopadhyay CRR 554 of 2025 Madan Mohan Jha Vs.

The State of West Bengal For the petitioner : Mr. Arnab Sengupta : Mr. Deborshi Dhar : Mr. Rajat Ch. Singha For the State : Ms. Aditi Shankar Chakraborty, Ld. APP : Mr. Abhijit Sarkar Heard On : 16.12.2025 Judgment On : 22.12.2025 Rai Chattopadhyay, J.

1. The instant criminal revision has been filed challenging an order of the Additional Sessions Judge, 2nd Court, Jalpaiguri (Special Court under Section 409, I.P.C) dated May 16, 2023 in Special Case No. 10 of 2023.

2. By dint of the said order, the Special Court under Section 409, I.P.C has taken cognizance of offence of the present petitioner as alleged in the charge-sheet, under sections 406 and 409 of the Indian Penal Code.

3. Learned advocate, Mr. Arnab Sengupta has appeared for the petitioner.

He has argued that, taking cognizance of an offence as above by a Special Court, alleged to have been committed by a private entity which is not a Government company or an agent of the Government, stands in violation of the statutory provisions. He submits that the Special