MEERA BAI Vs. BHUJBAL SINGH

JUDGEMENT

(1.) This petition poses a problem of vital importance as to whether the Sessions Court which is the Special Court specified under section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (for short the Act) is empowered to try the offence under the Act without its committal by the Court of Magistrate, as provided under section 193, of the Code of Criminal Procedure (hereinafter referred to as CodeT).

(2.) Since the petition involves only a legal question, the facts of the case arc not very material. Suffice it to state that the Court of Sessions, specified as Special Court under the impugned order, refused to entertain and try the offence under the Act, on the ground that it had no power to try those offences which were not committed to it by the Magistrate as reouired under section 193 of the Code, and, therefore, dismissed the complaint filed by the petitioner, with further liberty to her to file it before the Magistrate concerned.

(3.) Although the Code of Criminal Procedure lays down the separate procedure to be followed for the trial of offences on police report and on private complaint and which are exclusively triable by the Court of Session with a restriction under section 193 that the Court of Session shall not take cognizance of any offence as a Court of original jurisdiction, unless the ease was committed to it by a Magistrate under the Code. The Code as general law, provides the procedure for the investigation, enouiry and trial of the offences. By virtue of Sections 4 and 5 of the Code, its provisions have been made applicable so all investigations, inouiries and trials of the offences under the Indian Penal Code and/or other Laws, unless a separate procedure was otherwise provided therein.