STATE OF WEST BENGAL versus BEJOY KUMAR BOSE ETC. ETC.

STATE OF WEST BENGAL versus BEJOY KUMAR BOSE ETC. ETC.

It is not obligatory for a Special Judge to examine the complainant under section 200 Cr.P.C. before issuing process under the West Bengal Criminal Law Amendment (Special Courts) Act, as the Act, after amendment, does not import section 200 Cr.P.C. The jurisdiction to proceed vests with the Special Judge upon allotment of the case by the State Government.

Parties
Appellant: State of West Bengal; Respondent: Bejoy Kumar Bose
Jurisdiction
India
Judgment Date
07 December 1977
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Certificate From Calcutta High Court Judgment in Criminal Revisions Quashing the Trial
Outcome
Appeal allowed
Legal Topics
Special Courts, Cognizance of Offences, Applicability of Criminal Procedure Code Sections, Scope of Special Judge's Duties
Criminal Law Criminal Procedure Special Courts Cognizance of Offences Applicability of Criminal Procedure Code Sections Scope of Special Judge's Duties

Case Brief

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Parties

State of West Bengal

Appellant

Bejoy Kumar Bose

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Certificate From Calcutta High Court Judgment in Criminal Revisions Quashing the Trial

Legal Issues

  1. 1 Whether it is obligatory for the Special Judge under the West Bengal Criminal Law Amendment (Special Courts) Act to examine the complainant under section 200 Cr.P.C. before issuing process
  2. 2 Whether failure to comply with section 200 Cr.P.C. vitiates the proceedings before a Special Court

Ratio Decidendi

It is not obligatory for a Special Judge to examine the complainant under section 200 Cr.P.C. before issuing process under the West Bengal Criminal Law Amendment (Special Courts) Act, as the Act, after amendment, does not import section 200 Cr.P.C. The jurisdiction to proceed vests with the Special Judge upon allotment of the case by the State Government.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Calcutta High Court is set aside
  • Trial before the Special Judge to be expedited