Gobinda Chandra Chatterjee, J. - (1.) This revisional application is directed against order no. 29 dated 7.11.81 and the subsequent order no. 30 dated 27.11,81 passed Sri N.N. Bhattacharya, Special Court Judge in Case No. 41 of 1978 refusing to take cognisance of an offence under the Special Court Act except on a written complaint and directing release of the accused-opposite parties Nemai Chand Mohanta and Anit Kumar Chakraborty.
(2.) What happened is that on 7.11.81 during pendency of the aforesaid criminal case both the two accused-opposite parties remained absent. It suddenly occurred in the mind of the learned Special Judge that a formal complaint in the record was miserably wanting. This goaded the learned Judge to observe as follows : "It may be reiterated once again that by no stretch of imagination can convince myself that cognizance can be taken out of nothing or upon allotment order or upon perusal of lower court record. Court is to take cognizance of an offence and not of an allotment." The matter was again taken up on 27.11.81. On that day the Court observed as follows: "It is unthinkable that without a written complaint being filed, the court can be expected to take cognizance out of nothing thereby violating the mandatory provisions of the B.C.L.A. (Special Courts) Act and indulging in an irregularity which will surely vitiate the trial at the end." So saying the learned judge released the accused persons from their bail-bonds and filed the case. Being aggrieved thereby the State has preferred this revisional application on the ground that formal complaint is not necessary in a Special Court case and that the learned judge ought not to have discharged the opposite parties on that court alone.
(3.) Before me no one appeared on behalf of the opposite parties. Mr. Mondal, the learned Advocate appearing for the State petitioner, has invited my attention to a Full Bench decision of this court reported in AIR 1961 Calcutta 560 which states as per majority view:- "I therefore answer the first question before the Full Bench by holding that the Special Court under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 does not need a petition of complaint for taking cognizance of the case and can take cognizance on receiving a Government order of distribution under section 412) of the Act and on the record of the case from the court of the Magistrate by applying his mind to the facts of the case for the purpose of trying the offence under the Act.";