Balkar Singh and ors. vs State of Punjab and anr.

M.M. Punchhi, J. (Oral)

This is a petition under section 482 of the Code of Criminal Procedure seeking quashing of a complaint filed by respondent No. 2 against the petitioners under section 441,447, 506, 427, 148 and 149, Indian Penal Code, in the Court of Judicial Magistrate 1st Class, Amritsar. The complaint was filed on 8.10.1984 in relation to an occurrence which took place on 17.6.1984 after the coming into force of the Terrorist Affected Areas (Special Court) Act, 1984. The ground of attack is that the learned Magistrate had no jurisdiction to entertain a complaint disclosing a scheduled offence, as defined in the aforesaid Act. It is further maintained that the complaint could have been filed directly before the Judge, Special Court of the zone concerned.

The contention raised is meritorious. Two Hon''ble Single Benches have in Ram Lubhaya and another v. Ravinder Nath, Cr. M. No. 5831M of 1984, decided on 3.12.1984, 1985(1) Recent Criminal Reports 63 and Gurnam Singh and another v. State of Punjab and another, 1985(2) R.C.R.(Criminal) 413 : 1985 Cri.L.J. 1753, Crl. M. No. 5024M of 1984, decided on 12.12.1984 , taken the view that the Judge, Special Court of the Zone, alone is competent to entertain a complaint disclosing a scheduled offence. Thus, proceedings before the learned Magistrate were wholly without jurisdiction.

It has been stated at the bar that after entertaining the complaint, the learned Magistrate summoned the accusedpetitioners and transferred the complaint to the Judge, Special Court, Jullundur. This event would not wash off the original taint in the jurisdiction of the learned Magistrate. Accordingly, proceedings taken by the learned Magistrate on the complaint against the petitioners are quashed leaving it open to the complainant to seek redress of his grievance, if so advised, before the Judge, Special Court.

JUDGMENT accordingly.