STATE OF CHHATTISGARH Vs. RAM SWARUP RAJWADE

JUDGEMENT

(1.) This case was reserved for orders on 19-3-2021, but before the order could be delivered, lock-down was clamped down by the competent authority with effect from 14-4-2021, consequently, this Court also remained closed and during the continuance of lock-down followed by closure of courts, summer vacation of this Court commenced with effect from 10-5-2021, therefore, this order is being pronounced today i.e. 7-6-2021 after reopening of the court after summer vacation.

(2.) Two applicants herein namely, State of Chhattisgarh through the Principal Secretary, Law & Legislative Affairs and the Station House Officer, Police Station AJAK, Korba seek modification of the order passed by this Court in W.P.(Cr.)No.540/2020, decided on 10-12-2020 in the matter of Ram Swarup Rajwade v. State of Chhattisgarh and another,2021 CrLJ 1787 : AIR 2021 OnLine Chhattisgarh 133 .

(3.) The applicants have sought modification principally on the ground that by the notification dated 12-9-2014 (Annexure A-2) the State of Chhattisgarh has notified the Special Court specified under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC-ST Act of 1989') as 'the Special Court' under Section 28 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') for trial of offences under the provisions of the POCSO Act, therefore, the order dated 10-12-2020 be modified and the notification dated 12-9-2014 be also incorporated in the order dated 10-12-2020 passed by this Court. In other words, the stand of the State Government Applicants would be that the order of this Court would govern only the parties to lis, that is Ram Swarup Rajwade v. State of Chhattisgarh and another, and as far as other cases on the point involved, the notification dated 12-9-2014 would hold the field.