SUO MOTU Vs. SHYJAN AND ORS.

JUDGEMENT

(1.) This is a criminal revision initiated under S.401 CrPC. The Deputy Superintendent of Police, Special Mobile Squad, Wayanad filed final report against the accused alleging offences under S.324 and S.294(b) IPC and S.3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'special Act') in Crime No. 413/2013 of Vellamunda Police Station.

(2.) On receipt of the final report and on a perusal of the records, the Judicial First Class Magistrate's Court - I, Mananthavady was satisfied that the case against the accused is exclusively triable by the Court of Session, Kalpetta. Therefore, the matter was treated as CP. 15/2014 and the learned Magistrate committed the case against the accused to the Court of Session, Kalpetta.

(3.) On getting the matter committed, the learned Sessions Judge, Kalpetta has entertained a doubt as to whether the matter could be committed to the Court of Session, Kalpetta, since a Special Court for the trial of offences under the special Act has been established at Mananthavady. The view taken by the learned Sessions Judge is that the learned Magistrate ought to have committed the case directly to the Special Court, Mananthavady for trial of the offences under the special Act. The learned Sessions Judge has also referred to the decision of the Apex Court in Gangula Ashok v. State of Andra Pradesh, 2000 KHC 108 : 2000 (1) KLT 609 : 2000 (2) SCC 504 : AIR 2000 SC 740 : 2000 CriLJ 819 : 2000 AIR SCW 279 : 2000 (1) Crimes 196 : JT 2000 (1) SC 379 : 2000 SCC (Cri) 488 : 2000 (1) Supreme 378 , wherein it was held that a special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is essentially a Court of Sessions and it can take cognizance of the offence only when the case is committed by the Magistrate in accordance with the provisions of the Code.