The Calcutta High Court has set aside the cognizance taken by a Krishnagar Magistrate in a complaint case against Trinamool Congress MP Mahua Moitra and directed that the proceedings be transferred to the designated Special Court dealing with cases against MPs and MLAs at Bidhannagar, North 24-Parganas.

A Division Bench of Justice Debangsu Basak and Justice Aryak Dutt passed the order on September 7 while disposing of Moitra's criminal revision petition challenging the cognizance taken in Complaint Case No. 309 of 2026, pending before the 3rd Judicial Magistrate, Krishnagar, Nadia.

The Court directed that the complaint be treated as being at the pre-cognizance stage before the transferee court. Consequently, the cognizance order and all consequential orders passed by the Magistrate were set aside.

The Bench noted that the complaint was pending against Moitra, a sitting Member of Parliament, before the 3rd Judicial Magistrate, Krishnagar.

However, the Court observed that the Magistrate was not the designated court for trying offences against Members of Parliament and Members of the State Legislature.

The Court referred to the Supreme Court's decision in Ashim Kumar Upadhyay v. Union of India & Anr., reported in 2017 SCC OnLine SC 2195, along with its previous and subsequent pronouncements.

The Bench observed that the Supreme Court had expressed a desire that proceedings against MPs and MLAs should be dealt with by specified courts as expeditiously as possible.

“We find that in Ashim Kumar Upadhyay vs. Union of India & Anr. reported in 2017 SCC OnLine SC 2195 and all the previous and subsequent pronouncements thereof, the desire of the Supreme Court was that the proceeding against a Member of Parliament or a Member of the State Legislature should be dealt with by specified Court as expeditiously as possible,” the Court said.

The Court recorded that various points had been raised before it, including the jurisdiction of the Division Bench to entertain the criminal revision.

However, the Bench said it was not inclined to enter into the debate raised by the respective parties.

“We are not minded to enter into the debate as sought to be raised by the respective parties,” the Court observed.

Instead, the Court found it appropriate to transfer the complaint to the designated Special Court at Bidhannagar.

The Court requested the District Judge, Nadia, to transmit all records of Complaint Case No. 309 of 2026 to the District Judge, North 24-Parganas, forthwith.

The District Judge, North 24-Parganas, was directed to transmit the records to the appropriate Special Court at Bidhannagar immediately upon receipt.

The Special Court was requested to proceed in accordance with law against Moitra and the other accused, treating the proceedings as being at the pre-cognizance stage.

“In view of our direction that the Transferee Court will treat the complaint case as pre-cognizance stage, all orders and proceedings taken by the transferor Judicial Magistrate of taking cognizance and orders passed consequent thereto are set aside,” the Court held.

Case Title: Mahua Moitra v. The State of West Bengal & Ors.

Case No.: CRR 3604 of 2026

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