This decision was pronounced on January 11, 1952.
The offences in question are alleged to have been companymitted during the period beginning from January 1, 1948, and ending on March 31, 1950, within Kakdwip and Sagaour police stations.
The judgment of Sinha, C. J., Gajendragadkar and Shah, JJ.
Their application was first heard by Mitter and Bhattacharya, JJ.
Appeal by special leave from the judgment and order dated June 23, 1959, of the Calcutta High Court in Criminal Revision No.
December 18.
Ninetynine witnesses were examined by the prosecution in support of its case and the tribunal framed charges against the appellants under the three sections already mentioned by its order dated May 16, 1958.
The Special Public Prosecutor Kakdwip cases, of the Government of West Bengal filed a companyplaint against the appellants and several other persons as a result of the proceedings taken by that Government in case No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
was delivered by Sarkar, J. GAJENDRAGADKAR J. This appeal by special leave challenges the vires of S. 2 b and the proviso to s. 4 1 of the West Bengal Tribunals of Criminal Jurisdiction Act, 1952 W.B. Act XIV of 1952 hereinafter called the Act .
204 of 1959.
640 of 1958 the appellants challenged the validity of the proceedings before the tribunal and applied for quashing the said proceedings and the charges framed against them under s. 439 of the Code of Criminal Procedure as well as Art.
It was on these allegations that a charge sheet was submitted against the appellants and the case against them taken up for trial before the Third Tribunal at Alipore companystituted under the Act.
640 of 1958.
It was further alleged that the leaders of said movement including the appellants preached murder and arson amongst the cultivators and that such preaching and propaganda were followed by arson and murders on a large scale.
M. Bose, Advocate General for, the State of West Bengal, K. C. Mukherjee and P. K. Bose, for the respondent.
The case against them was that in 1947 a tebhaga movement had been launched in Kakdwip area by the companymunist party and that later on the Bhagehasis were persuaded to claim the entire and number only 2/3 of the produce in pursuance of the said movement.
was delivered by Gajendragadkar The judgment of Sarkar and Subba Rao, JJ.
The appellants then applied to the said High Court for a certificate either under Art.
302 and 436 of the Indian Penal Code.
A companyplaint was filed against Kangsari Haldar and Jogendra Nath Guria hereinafter called the appellants in which it was alleged that the appellants along with some others had companymitted offences under s. 120B read with ss.
By their Criminal Revision Application No.
K. Acharya and Janardan Sharma, for the appellants.
227 of the Constitution in the Calcutta High Court.
On September 12, 1952, the Government of West Bengal issued a numberification under s. 2 b of the Act declaring the whole area within the jurisdiction of Kakdwip and Sagar police stations to be a disturbed area and specified the period from January 1, 1948, to March 31, 1950, to be the period during which the numberification was to have effect.
