Balkar Singh and others vs State of Punjab

M.M. Punchhi J. (Oral)

This petition under section 482 of the Code of Criminal Procedure seeking quashing of a complaint filed by respondent No. 2 against the petitioner under section 441, 447, 506, 427, 148 and 149, Indian Penal Code, in the Court of Judicial Magistrate Ist 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 Courts) 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 Benches have in Ram Lubhya and another v. Ravinder Nath, 1985 (1) Recent Criminal Reports 63 Cr. M. No. 5831M of 1984 , decided on 3.12.1984 and Gurnam Singh and another v. State of Punjab and another, 1985(2) RCR(Crl.) 413 (P&H) : Crl. M. No. 50241984 , 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 accusedpetitioner 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 petitioner are quashed leaving it open to the complainant to seek redress of his grievance if so advised, before the Judge, Special Court.

Proceedings quashed.