Special municipal forum absent, ordinary criminal court retains jurisdiction to try offences under the local statute.

Where a local statute contemplates trial by a special Municipal Magistrate but no such forum has been constituted, the ordinary criminal court's jurisdiction is not excluded. The Delhi Municipal Corporation Act, 1957 read with the Code of Criminal Procedure, 1973 was read to mean that offences under the Act are tried by Municipal Magistrates when established under Section 469, while the Code continues to apply to such proceedings. In the absence of a notified Municipal Magistrate, a Metropolitan Magistrate, as a Magistrate of the first class, can take cognizance and try the offence. The challenge to jurisdiction therefore failed.

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Issues: Whether, in the absence of appointment of a Municipal Magistrate under the Delhi Municipal Corporation Act, 1957, a Metropolitan Magistrate can take cognizance of and try offences punishable under that Act.

Analysis: The relevant scheme of the Delhi Municipal Corporation Act, 1957 and the Code of Criminal Procedure, 1973 showed that offences under the Act were to be tried by Municipal Magistrates when such courts were established under Section 469. The Act also made the Code applicable to proceedings under it, and the bar under Section 470 operated only when the special forum contemplated by the Act existed. In the absence of any notified Municipal Magistrate, there was no valid special machinery to oust the jurisdiction of the ordinary criminal court. A Metropolitan Magistrate, being a Magistrate of the first class, could therefore exercise jurisdiction to take cognizance and conduct the trial in accordance with the Act and the Code.

Conclusion: The Metropolitan Magistrate had jurisdiction to take cognizance of the complaint and try the offence under the Act in the absence of an appointed Municipal Magistrate, and the challenge to jurisdiction failed.

Ratio Decidendi: Where a special court contemplated by a local statute has not been constituted, the jurisdiction of the ordinary criminal court is not excluded and remains available to try offences under that statute.

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