STATE BY NAPOKLU POLICE Vs. KALIYANDA SAMPAN ALIAS SAMPA, PANDANDA NARESH AND KETOLIRA P. SOMANNA ALIAS SANNI

JUDGEMENT

(1.) HEARD the learned counsel for -parties. The learned District and Sessions Judge and Special Judge at Madikeri has discharged respondents (accused 1 to 3) for an offence punishable under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'). The learned Special Judge has held "that as a consequence, this court has no jurisdiction to proceed with the matter and directed the office to return chargesheet to the Investigating Officer. It is open to the Investigating Officer if he is so advised to present it before the jurisdictional Magistrate, in respect of offences under IPC only".

(2.) AT this juncture, it is relevant to state that final report. was filed against respondents for offences punishable under sections 447, 504 and 506 r/w 34 IPC and also for an offence punishable under section 3(1)(x) of the Act.

(3.) IN terms of section 15 of the Act, for every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that court.