Baldev Singh @ Kulwant Singh vs State of Punjab

K.P.S. Sandhu, J.—This is a petition under Section 482, Cr.P.C. filed by the petitioner paying therein that the order of the learned Chief Judicial Magistrate, Patiala dated 25.8.1984, copy of which is annexed with the petitioner, be quashed.

The main contention of the learned counsel for the defence is that the case in which impugned order has been passed, was to be tried by the Special Judge under the provisions of the Terrorist Affected Areas (Special Courts) Ordinance, 1984. According to section 7(1) proviso (b) of the Ordinance, the case automatically stood transferred to the Court of the Special Judge since the offence for which the petitioner was being tried was a scheduled offence. The learned Chief Judicial Magistrate had no jurisdiction to pass the impugned order since the case stood transferred to the file of the Special Judge, Patiala. This is not denied by Mr. G.S. Savra, that the case in which the impugned order has been passed by the learned C.J.M. was to be tried by the Special Judge under the Terrorists Affected Areas (Special Courts) Ordinance, 1984. Proviso (b) to section 7(1) of the Ordinance reads as under :

"7. (1) xx, xx,

(a). xx, xx

(b) All other cases involving scheduled offences committed in such area and pending before any Court immediately before the date of issue of such notification shall stand transferred to the Special Court having jurisdiction under this section and the Special Court to which such proceedings stand transferred shall proceed with such case from the Stage at which they were pending at that time.

xx, xx,

xx, xx,".

In view of this proviso the case automatically stood transferred to the file of the Special Judge and the learned Chief Judicial Magistrate had no jurisdiction to pass the impugned order. Consequently, this petition is allowed and the impugned order is quashed being without jurisdiction.