STATE OF MADHYA PRADESH Vs. PRASAD JORAVARSINGH

JUDGEMENT

(1.) THIS revision is filed by the State against the order of the learned Special Judge, Sehore dated 29-1-1991 refusing to take cognizance of an offence under Section 3, clause of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) on the ground that he is not competent to take cognizance of the offence unless the case is committed by the Magistrate. The reason given by the learned Judge is that the Sessions Court while exercising powers under the Act does not forego its powers as a Sessions Court and hence committal of the case is necessary in order to enable the Court to decide the case.

(2.) SECTION 14 of the Act lays down that for the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, specify for each district a Court of Session to be a special Court to try the offences under this Act. Unless the special enactment provides that the special Court which is of the cadre of a Court of Session has to follow the general procedure prescribed under the Code of Criminal Procedure for trial of offences triable by a Court of Session, the learned Special Judge is not entitled to refrain from taking cognizance of the case on the ground that the case is not committed neither Section 14 nor any other provision of the Act provides for committal. As rightly submitted by the learned Government Advocate, the very purpose of constituting special Court for trying the cases under the Act would be defeated if the procedure of committal is imported into the Act which is not prescribed by the legislature itself. The decision of the learned special Judge is illegal and without jurisdiction. The revision is, therefore, allowed setting aside the order of the learned special Judge. He is directed to take the case on file and try the case expeditiously.