AYYASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Criminal Appeal has been filed against the judgement in S. C. No. 15 of 1999, dated 31. 3. 1999 passed by the learned Principal Sessions Judge cum Special Judge, Erode, convicting A. 1 and A. 2 for the offence committed by them under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and imposing the punishment of rigorous imprisonment for Six months and to pay a fine of Rs. 250/=, in default to undergo one month rigorous imprisonment.

(2.) LEARNED counsel appearing for the appellants submitted that Without going into the merits of the appeal, in view of the decisions of our High Court and the Hon'ble Supreme Court, the appeal can be allowed straightway as in the instant case as well, the learned Principal Sessions Judge -cum- Special Judge, Erode has taken cognisance of the offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act directly without there being a committal by the concerned Judicial Magistrate. He further submitted that the learned Sessions Judge ought not to have taken cognizance of the case without an order of committal passed by the concerned Judicial Magistrate and in this case, the Investigating Officer filed the final report before the learned Sessions Judge and the learned Sessions Judge committed an error in taking cognizance on the basis of the final report without an order of committal.

(3.) LEARNED counsel for the appellants relied upon the decision in Mani @ Palanisami Vs. State, reported in 2001 (2) L. W. (Crl) 755, wherein this Court held as follows:-