Calcutta HC Transfers Mahua Moitra’s Complaint Case To Designated MP/MLA Court

Kolkata: The Calcutta High Court has transferred a complaint case pending against Trinamool Congress MP Mahua Moitra from the Court of the 3rd Judicial Magistrate, Krishnagar, Nadia, to the Special Court designated for cases against Members of Parliament and Members of the State Legislature at Bidhanagar, North 24-Parganas, and has set aside the cognizance order passed by the transferor court.

A Division Bench comprising Justices Debangsu Basak and Aryak Dutt was hearing a criminal revision filed by the petitioner against the cognizance taken in Complaint Case No. 309 of 2026, pending before the 3rd Judicial Magistrate, Krishnagar, Nadia.

Though various points were raised before the Bench, including a challenge to the jurisdiction of the Division Bench to entertain the revisional application, the Court declined to enter into that debate. Relying on the Supreme Court's the Bench noted that proceedings against a Member of Parliament or a Member of the State Legislature are required to be dealt with expeditiously by a specified court.

The Court observed that since the petitioner is a Member of Parliament, and the 3rd Judicial Magistrate, Krishnagar, Nadia is not the designated court for trying offences against an MP or MLA, it would be appropriate to transfer C.R. No. 309 of 2026 to the appropriate Special Court dealing with MP/MLA cases situated at Bidhanagar, North 24-Parganas.

Accordingly, the learned District Judge, Nadia was directed to transmit all records of the complaint case to the learned District Judge, North 24-Parganas, who would in turn transmit them to the appropriate Special Court at Bidhanagar. The Special Court was directed to proceed in accordance with law against the petitioner and the other accused, treating the proceedings as being at a pre-cognizance stage. Consequently, all orders and proceedings taken by the transferor Magistrate, including the order taking cognizance and orders passed thereafter, were set aside.

The criminal revision was disposed of accordingly.

Appearances:

Mr. Debasish Roy, Mr. Arka Kumar Nag, Mr. Soham De Dhara and Mr. Akash Ghosh, Advocates appeared for the Petitioner; Mr. Kallol Mondal, Ld. P.P., and Mr. Anamitra Banerjee, for the State; Mr. Krishnendu Bhattacharya, Ms. Tanusree Kar and Ms. Sneha Ghosh, Advocates appeared for the defacto complainant.

Case Title: Mahua Moitra vs. The State of West Bengal & Ors., CRR 3604 of 2026