RAM LUBHAYA Vs. RAVINDER NATH

JUDGEMENT

(1.) IN this petition under section 482 of the Code of Criminal Procedure, proceedings pending in the Court of Judicial Magistrate, Hoshiarpur, on a complaint filed by Ravinder Nath, are sought to be quashed by the petitioners Ram Lubhaya, Trithi, Dayal and Ram Pal.

(2.) THE facts giving rise to this petition are thus. The respondent Ravinder Nath filed a criminal complaint against the petitioners under various sections of the Indian Penal Code including sections 326 and 342. The offence was alleged to have been committed by the petitioners on March 5, 1984, within the area of district Hoshiarpur. The learned Judicial Magistrate in whose Court the complaint is pending passed an order of summoning the petitioners on August 16, 1984.

(3.) IT is not disputed that the Terrorist Affected Areas (Special Courts) Act, 1984, (hereinafter referred to as 'the Act') is applicable to the aforesaid complaint filed by the respondent. The petitioners are alleged to have committed the various scheduled offence in a Terrorist Affected Area within the specified period according to a notification issued by the Government of India on July 28, 1984, under section 3 of the Terrorist Affected Areas (Special Courts) Ordinance, 1984. In view of section 21 of the Act this notification is deemed to have been issued under section 3 of the Act. In view of proviso (b) of section 4 of the Act having jurisdiction to try the same. The point of time when this case stood transferred to the Special Court is the aforesaid notification dated July 28, 1984. In other words the Judicial Magistrate, Hoshiarpur, had the jurisdiction to proceed with the complaint only till July 28, 1984 and thereafter he ceased to have jurisdiction to take any further proceedings beyond that date. Henceforth only the Special Court established under the Act could take further proceedings in respect of the said complaint. The Judicial Magistrate in whose Court the complaint was pending ordered summoning of the petitioners on August, 16, 1984 i.e. after the issuance of the notification to do so because under Section 7 of the Act this case automatically stood transferred to the Special Court on the date of the issue of the notification.