BASANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Formally admitted. To be disposed of simultaneously with the consent of the parties.

(2.) The Special Court, Patiala established under the Terrorist Affected Areas (Special Courts) Act, 1984 vide its order dt. 17th Sept., 1984 returned a cross case to the Court of the Chief Judicial Magistrate, Ropar though originally sent to it by the Additional Sessions Judge, Ropar along with a cross case exclusively triable by the Special Court. The point which requires consideration is whether the act of the Special Court was right in law.

(3.) The skeletal facts are these. On March 12, 1984, offences were committed. Two cross cases sprung up. The petitioner herein Basant Singh along with others was accused of having committed an offence under S.307, I.P.C. Such an offence obviously is exclusively triable by the Special Court established under the aforesaid Act. At the instance of Basant Singh, a cross case was instituted against Ajit Singh and four others under Ss.326/324/323/34, I.P.C. The latter offence being exclusively triable by a court of a Magistrate 1st Class presented the difficulty of two contradictory findings being arrived at. For that reason the chief Judicial Magistrate, Ropar committed the said case to the Court of Session so as to be tried by that Court along with the case of the petitioner committed to it under S.307, I.PC. Since the Court of Session had to transfer one case to the Special Court, it transferred the other case also to avoid contradictory findings. The learned Special Judge has returned one case as said before and has kept with itself the other case on the interpretation of sub-secs.(1) and (2) of S.8 of the Act. The learned Judge observed as follows :-