The Calcutta High Court recently quashed a defamation case filed by a Public Prosecutor against BJP leader Suvendu Adhikari, stating that the “initial cognizance and the order of issuance of process is bad” in the case.
A single-judge Justice Bibek Chaudhuri stated,
“Without going into the merit of the case this Court fails to understand as to how the learned Chief Judge took cognizance of the offence in view of the decision of the Supreme Court in Ashwani Kumar Upadhyay’s case to the effect that a criminal case shall have to be instituted and tried before the competent Court of the learned Magistrate.”
The single bench was hearing a revision plea to dismiss the defamation case filed against Suvendu Adhikari, the opposition leader and MLA.
Justice Chaudhuri noted that the Public Prosecutor, City Sessions Court, had filed a complaint with the Chief Judge, City Sessions Court, alleging violation of Sections 499/500 of the Indian Penal Code.
The case is “exclusively triable by the learned Special Magistrate or the learned Special Judge for trial of cases relating to MPs and MLAs in the State of West Bengal.”
The bench also stated that the High Court “issued detailed guidelines in [Dr.Nirmal Maji v. Dr.Kunal Saha] CRR No. 1086/2022 regarding constitution of such (Special) Court in the State of West Bengal and by virtue of two notifications dated 6th March, 2018 and 27th January, 2021 the special Court to try Magistrate triable and Sessions triable cases is set up in the State of West Bengal.”
“As a result, Complaint Case No. 2/2023, which was pending before the learned Chief Judge of the City Sessions Court in Calcutta, is quashed.” “The complainant is free to withdraw the written complaint and file it in the appropriate Court,” it added.
