State Of West Bengal vs Shyamadas Banerjee & Anr

The Supreme Court ruled that a Special Judge under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, cannot take cognizance of an offence against a former Member of the Legislative Assembly (M.L.A.) if the individual has ceased to hold that position at the time of cognizance, despite the offence being committed while in office. The Court emphasized that there is no statutory provision allowing for the continuation of public servant status for trial purposes after cessation of office. Consequently, the cognizance taken by the Special Judge was deemed illegal and quashed.