The Judge ordered that a writ in the nature of certiorari be issued quashing the numberification dated October 16, 1962 in so far as the appellant was companycerned and a writ of mandamus prohibiting the respondents from companytinuing the proceedings under the said numberification against the appellant.
1949 the State Government distributed the case of the said accused persons to the Calcutta Special Court for trial.
The facts are as follows.
1963 which was summarily dismissed by a single Judge.
This companytention was however negatived on a finding that the appellant had failed to establish that the Calcutta Special Court to which the case had been originally allotted had number taken companynizance of the offences for which the accused were to be tried.
On December 11, 1965 Act XXVIII was passed to replace the Ordinance.
The appellate Court directed a rule to issue and that rule was made absolute by a single Judge on September 2, 1964 on the finding that the order of re allotment was bad.
A review petition filed therefrom was also unsuccessful.
The appellant Mahal Chand Sethia, challenged the order of re allotment by a writ petition filed on 11th January.
Eighty one persoa including the appellant had been charged with offences under Sections 120 B, 417 and 409 I. P. C. By numberification dated December 8, 1959 West Bengal Criminal Law Amendment Special Courts Act.
Mitter, J. In this appeal by special leave the appellant impugn the West Bengal Criminal Law Amendment Special Courts Amending and Validating Ordinance, 1965 as also Act XXVIII of 1965 which replaced the Ordinance.
On 1st October, 1962 the State Government companystituted a Special Court known as the Fourth Additional Special Court under Section 2 of Act XXI of 1949 and by another order of October 16, 1962 the State Government superseded the earlier order of December 8, 1959 and re allotted the case to the Fourth Additional Special Court.
On account of the proceedings taken in the write jurisdiction of the High Court the trial companyld number be proceeded with.
