The judge noted that both the Supreme Court as well as the Calcutta High Court has issued detailed guidelines regarding constitution of special MP/MLA courts in the State. It further noted that by virtue of two notifications issued on March 6, 2018 and January 27, 2021 such special courts to try such cases were set up in the State.
“This case is exclusively triable by the special Magistrate or the Special Judge for trial of cases relating to MPs and MLAs in the State. Therefore, the initial cognizance and the order of issuance of process is bad and I do not require even the assistance of the Public Prosecutor to quash the proceedings of Complaint,” the bench held.
Hence, the bench quashed the defamation complaint pending before the Chief Judge, City Sessions Court.
“The complainant is at liberty to take back the written complaint and file the same in the appropriate Court,” the judge made it clear.
Source: Barandbench
