SUKHLAL JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision has been preferred against the order of the Sessions Judge/Special Judge, designated under Act No. 33 of 1989, called as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as Act No. 33 of 1989).

(2.) THE brief facts are that the petitioner lodged a report to the police for taking action against the non -petitioners Nos. 2 to 6. The police refused to accept his report with the result that the petitioner sent the report to the high officials including the Superintendent of Police, Gwalior, but all in vain. Thereafter, the petitioner filed a private complaint in the Court of Sessions Judge/ Special Judge, Gwalior on 16 -4 -1992. The offences were exclusively triable by the Sessions Judge, designated as Special Judge under the Act No. 33 of 1989. The complaint was for offences punishable under Sections 3(10), (15) and under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under Section 4(2) of Civil Rights Protection Act, 1965 and under Sections 341 and 294 of the Indian Penal Code against the non -petitioners Nos. 2 to 6, filed with affidavit and two documents in its support. Though, the learned Special Judge took the cognizance of the offences as the offences were exclusively triable by that Court as mentioned in the Atrocities Act itself and examined the complainant under Section 200, Criminal Procedure Code and further examined the complainant's witnesses under Section 202, Criminal Procedure Code and the case was adjourned from time to time for orders and for the registration of the case under Section 203 or 204, Criminal Procedure Code.

(3.) THE only point for consideration in this case is: - -