Today, the Calcutta High Court has quashed a defamation case filed by a Public Prosecutor against BJP leader Suvendu Adhikari.

The single bench of Justice Bibek Chaudhuri said:

“Without going into the merit of the case this Court fails to understand as to how the learned Chief Judge took cognizance of the offence in view of the decision of the Supreme Court in Ashwani Kumar Upadhyay’s case to the effect that a criminal case shall have to be instituted and tried before the competent Court of the learned Magistrate.”

Case Brief - 

In the said matter, the court was hearing the revision plea to quash the defamation case filed against Adhikari, the leader of the opposition and MLA. During the hearing, the court noted that the Public Prosecutor, City Sessions Court has lodged a complaint before the Chief Judge, City Sessions Court alleging the commission of an offence under Sections 499/500 of the Indian Penal Code.

The Court further, observed that the case is "exclusively triable by the learned Special Magistrate or the learned Special Judge for the trial of cases relating to MPs and MLAs in the State of West Bengal”.

"Accordingly Complaint Case No. 2/2023 pending before the learned Chief Judge, City Sessions Court, Calcutta is quashed. The complainant is at liberty to take back the written complaint and file the same in the appropriate Court," the court added.

“Issued detailed guidelines in CRR No. 1086/2022 regarding the constitution of such (Special) Court in the State of West Bengal and by virtue of two notifications dated 6th March 2018 and 27th January 2021 the Special Court to try the Magistrate triable and sessions triable cases are set up in the State of West Bengal”., the Bench said.

Case Title: Suvendu Adhikari v. State of W.B

Click here to Read/Download the Order.