AJIT KUMAR PALIT vs STATE OF WEST BENGAL

The Supreme Court held that under Section 4(2) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, a Special Court can take cognizance of offenses without the accused being committed to it for trial, as specified in Section 5(1) of the Act. The Court clarified that the provisions of Section 190(1) of the Code of Criminal Procedure are inapplicable to Special Courts, allowing them to issue process upon receiving the case records. The amendment to Section 5(1) by the 1960 Act did not affect the cognizance already taken by the Special Judge, thus affirming the jurisdiction of the Special Court in this context.