Chanchal Debnath vs The State Of West Bengal & Anr
2023 Latest Caselaw 2217 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri

                            CRR 657 of 2023


                            Chanchal Debnath
                                   Vs.
                      The State of West Bengal & Anr.



Mr. Arunava Ghosh
Mr. Anant Kumar Shaw
Mr. Mainak Ganguly
                ..for the petitioner

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Anand Keshari
           ..for the State




Item No. 05


Heard & Judgment on:         31.03.2023


Bibek Chaudhuri, J.

As per order dated 28th March, 2023 this Court wanted to know

from the Registry if any Court in the rank of the Judicial Magistrate,

First Class has been designated as a Special Court to try cases against

the M.P.s. and M.L.A.s. It is reported by the learned Registrar (Judicial

Service) that the Court of the learned Judicial Magistrate,

Bidhannagar, North 24 Parganas has been designated as Special

Court of Magistrate level for trial of criminal cases in favour of M.P.s.

and M.L.A.s.

Complaint Case No. 37 C/2023 has been filed before the learned

Additional Chief Judicial Magistrate, Second Court at Kalyani, Nadia.

Since the said application has been filed against a sitting M.L.A., the

learned Additional Chief Judicial Magistrate, Kalyani, Nadia is directed

to transfer the said case to the Court of the learned Judicial

Magistrate at Bidhannagar, North 24 Parganas cum Special Court of

Magistrate level for trial of criminal cases in favour of M.P.s. and

M.L.A.s.

The parties are at liberty to act on the server copy of the order.

In view of the above order, the impugned order dated 24 th

January, 2023 is set aside. For want of jurisdiction a Court cannot

dismiss a complaint out right. It is the duty of the Court to return the

petition of complaint to the complainant to enable him to file the said

complaint in Court having proper jurisdiction.

The impugned order is palpably bad in law.

In view of such circumstances, the impugned order dated 24 th

January, 2023 is set aside.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)