SANJAY KAPOOR Vs. C B I AND ANR

JUDGEMENT

(1.) The instant application under section 401 read with section 482 of the Code of Criminal Procedure has been presented by the petitioner before this court seeking to quash the proceeding being R.C. 10 dated 5.2.96 under sections 419/420/468/471 of the Indian Penal Code and 20 of the Indian Telegraph Act, mainly on the ground that the learned Chief Metropolitan Magistrate, Calcutta did not have the requisite jurisdiction to take cognizance in the matter as the learned 12th Metropolitan Magistrate was only the designated court for trying the C.B.I. case as per the Notification No. 18167-J dated 30.7.91 issued by the Judicial Department. Govt. of West Bengal and also on the ground that the Ld. Chief Metropolitan Magistrate while taking cognizance simply perused the charge-sheet but did not avert to the accompaniments of the charge-sheet which was an infraction of sub-section (5) of section 173 of the Code of Criminal Procedure.

(2.) The learned counsel appearing on behalf of the petitioner has drawn my attention to the order dated 30.5.96 passed by the learned Chief Metropolitan Magistrate, Calcutta taking cognizance of the case and transferring the same for disposal to the file of the learned Metropolitan Magistrate, 12th Court, Calcutta for disposal.

(3.) Drawing my attention to the aforesaid order, it has been submitted by the learned counsel appearing for the petitioner that at the relevant point of time, learned 12th Metropolitan Magistrate was the only competent empowered Magistrate to deal with C.B.I. cases as such the cognizance taken by the learned Chief Metropolitan Magistrate in this case and transferring the case to the court of learned Magistrate, 12th Court, Calcutta is absolutely void and illegal.