MUNNA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri L.S. Yadav Counsel for the applicant and learned A.G.A.

(2.) THE prayer in this application is to quash the order dated 18 -6 -2005 vide annexure No. 1 to the affidavit filed in support of this application.

(3.) THE objection raised on behalf of the applicants is that the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, (“hereinafter referred to as the SC/ST Act”) is a Special Act and, therefore, the permission to investigate the matter under Section 155(2) Cr PC vests with the Special Court alone and only the prosecutors appointed under Section 15 of the said Act, are entitled to prosecute on behalf of the State.