S MADHAVA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner is the 1st accused in C.C.No. 204 of 1994 pending on the file of the Court of Special Sessions Judge constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act') at Mahaboobnagar. Upon a complaint filed u/Sec. 200 of the Code of Criminal Procedure, 1973 (for short, 'the Code') by the complainant, who has been impleaded as3rd respondent, alleging commission of offences u/Sec. 3(1) (viii) and (ix) of the Act, the Special Judge has taken cognizance of the above offences in C.C.NO. 204/94 and issued process against the petitioner. This petition is filed u/Sec. 482 of the Code seeking to quash the above proceedings.

(2.) The contentions of the learned Counsel for the petitioner are two fold:

(3.) The first contention appears formidable in view of Sections 190 and 193 of the Code. Section 190 of the Code provides for a Magistrate of First Class to take cognizance of any offence upon receiving a complaint, upon a police report or upon an information received from any person. Section 193 of the Code expressly prohibits a Court of Session to take cognizance of any offence as Court of original jurisdiction, unless the case has been committed to it by a Magistrate under the Code or expressly provided by this Code or by any other law. It is therefore clear that only a Magistrate of First Class is clothed with the power to take cognizance of any offence. The Court of Session cannot act as a Court of original jurisdiction and it is expressly prohibited from taking cognizance of any offence. However, as an exception, the Court of Session is empowered to take cognizance if it is so provided under the Code or by any other law.