AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NOTICE to the State of Punjab.

(2.) THE learned counsel for the petitioners submits that the challan has been directedly presented in the Special Court which is a Court of Session and in these circumstances, being a Court of Session, the Special Court could not take the cognizance directly unless the challan is committed to it by the Area Magistrate. In support of his contention, he relies upon Gangula Ashok and another v. State of A.P., 2000(1) RCR 797 (SC) :, 2000(1) AICLR 578 a judgment of the Hon'ble Supreme Court, where it has been observed as follows : -

(3.) RESULTANTLY , the present petition is hereby allowed and directions are given to the learned Special Judge at Bathinda to transfer the challan to the Court of area Magistrate, who, after supplying the copies of the documents being relied upon by the prosecutions, shall again commit the challan to the Court of Special Judge.