STATE OF WEST BENGAL vs BEJOY KUMAR BOSE ETC. ETC.

The Supreme Court held that it is not obligatory for a Special Judge to examine the complainant under Section 200 of the Criminal Procedure Code prior to issuing process, as the allotment of a case involving scheduled offences under the West Bengal Criminal Law Amendment (Special Courts) Act vests the necessary jurisdiction in the Special Judge to proceed to trial. The Court clarified that Section 200 comes into play only after cognizance is taken by a Magistrate, and the provisions of Section 5(1) of the Act do not compel compliance with Section 200. The appeal was allowed, overturning the Calcutta High Court's decision that had quashed the trial proceedings for lack of valid cognizance.