ANAND SWAROOP TIWARI Vs. RAM RATAN JATAV

JUDGEMENT

(1.) FIRST respondent herein filed a complaint before the Special Court, Bhind under Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act) alleging that the petitioner and second respondent committed offences punishable under Section 342, Indian Penal Code and Section 3 (1 ) (x) of the Act. The Special Court took cognizance and issued process. The revision petitioner challenges this order contending that since the Sessions Court has been specified as the Special Court, it cannot take cognizance of any offence without committal order by a competent Magistrate.

(2.) THE earliest decision of this Court on this controversy is one by Pandey, J. in Sukhlal Jatav v. State of M. P. , 1993 MPLJ 875, 1993 JLJ 679 taking the view that a case under the Act cannot be committed to the Special Court and the Special Court is a Court of original Jurisdiction and is entitled to take cognizance without committal. Hon. Dwivedi, J. in Meerabai v. Bhujbal, Misc. Cr. Case No. 1270 of 1992 referred the matter to a Division Bench taking the view that the Special Court is only a Sessions Court, that it is required to follow the procedure prescribed in the Code of Criminal Procedure (for short the Code) since no separate procedure is described under the Act and a charge-sheet on complaint under the Act has to be filed before a competent Magistrate who could commit the case to a Special Court and that the Special Court has no jurisdiction to take cognizance on the basis of charge-sheet or a complaint. The order of reference is reported in 1994 JLJ 203.

(3.) A Division Bench of the High Court consisting of Hon. Dharmadhikari, J. and Hon. Tej Shankar, J. in Meerabai v. Bhujbal, 1995 Cri. L. J. 2376 agreed with the view taken in Meerabai's case and overruled the view taken in Sukhlal Jatav's case. When the present case came before one of us (Bhat, C. J.) it was contended that the decision of the Division Bench required reconsideration and accordingly, the matter was referred to a larger Bench. This is how the case has come before us.