Moitra then approached the Excessive Court docket invoking difficult the cognizance taken by the Justice of the Peace.
The Excessive Court docket on August 19 stayed the arrest warrant.
In its closing order handed on September 7, the Excessive Court docket targeted on the jurisdictional competence of the Justice of the Peace to listen to the case.
The Bench noticed that as per Supreme Court docket instructions within the case of Ashwini Kumar Upadhyay v. Union of India, proceedings in opposition to Members of Parliament or State legislatures have to be handled expeditiously by designated particular courts.
Therefore, it directed the District Decide at Nadia to instantly transmit all case data to the District Decide at North 24 Parganas, who will subsequently ahead them to the particular MP/MLA courtroom at Bidhannagar.
“On receipt of such data, discovered Judicial Justice of the Peace, Particular Court docket is requested to proceed in accordance with regulation as in opposition to the petitioner and the opposite accused treating the proceedings as one in all a pre-cognizance stage,” the Excessive Court docket mentioned.
The Court docket additionally put aside the cognizance order and all different consequential orders handed by the Justice of the Peace courtroom.
Advocates Debasish Roy, Arka Kumar Nag, Soham De Dhara, and Akash Ghosh represented Mahua Moitra.
Public Prosecutor Kallol Mondal together with advocate Anamitra Banerjee appeared for the State of West Bengal.
Advocates Krishnendu Bhattacharya, Tanusree Kar and Sneha Ghosh appeared for the de facto complainant.
[Read Order]
