AKHILESH PRATAP SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) PRESENT revision petition has been filed challenging the order on Charge dated 02nd November, 2011 as well as the order framing Charge dated 07 th December, 2011 passed by the ASJ/NW-II, Rohini Courts, Delhi in FIR No. 177/2009 registered with Police Station Model Town.

(2.) MR . Arvind Jain, learned counsel for the petitioner submits that despite it being settled law that special law overrides the general law, yet the trial court has framed Charges against the petitioner under Section 3 (1) (x) & (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the Act') and also under Sections 354 and 509 of the Indian Penal Code (for short 'IPC'). He submits that once the complainant had invoked the provisions of the Act, then the complainant was estopped from relying upon provisions under the IPC.

(3.) HAVING heard Mr. Jain, Mr. Ohri and Mr. Jafri, this Court is of the view that the special law would prevail over the general law only in cases of conflict.