NIRMAL MAJI Vs. KUNAL SAHA

JUDGEMENT

(1.) In the instant revision, legality, validity and propriety of the order dtd. 24/3/2022 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 Ss. 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 Ss. 500/501/120B of the Indian Penal Code.

(3.) It is contended by the learned advocate for the petitioner/accused that after the order dtd. 24/11/2021 passed by the Hon'ble Supreme Court in the aforesaid matter, the learned Sessions Judge had no jurisdiction to try the Magistrate triable case. Therefore, the learned advocate for the petitioner sent a letter dtd. 23/12/2021 and 4/3/2022 to the learned Registrar General, High Court, Calcutta to move this Court in its Administrative Side for designating a Court of the learned Judicial Magistrate, First Class as the Special Court for trial of Magistrate triable cases pending against the elected M.P.s and M.L.A.s. Till date, however, no such Court is established either by creation of a Special Court of the Magistrate, First Class in the State of West Bengal or by designating an existing Court of the Judicial Magistrate, First Class as the Special Court to try the said cases.