IN REFERENCES Vs. STATE OF M P

JUDGEMENT

(1.) The learned Special Judge, Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, Raisen vide letter dated 18.06.2015 has preferred three references under Section 395(1) of Code of Criminal Procedure, 1973 (hereinafter referred as Code) pertaining to common question of law.

(2.) The relevant facts leading to the reference are that a Special Case No.118/2014 (State of M.P. Vs. Sunny @ Sandeep and others) under Section 294, 323/34, 324/34, 506(II) of IPC and Section 3(1) (X) Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) is pending before the Special Court. A Criminal Case No.676/2014 under Section 294, 323 and 506 of IPC arising out of the same incident was presented before the JMFC, Raisen. Finding the case as counter case the Magistrate vide order dated 11.03.2015 has committed the criminal case to Special Judge, under Section 323 of Cr.P.C.

(3.) The facts of the second reference is that the Special Case No.106/24 (State Vs. Halke and others) under Section 294, 323/34, 506 (II) of IPC and Section 3(1) (X) SC/ST Act is pending before the Special Court. A criminal case No.367/2014 under Section 294, 323, and 506 of IPC arising out of the same incident was presented before the JMFC, Begumganj, District-Raisen. Finding the case as counter case the Magistrate vide order dated 18.03.2015 has committed the criminal case to Special Judge, under Section 323 of Cr.P.C.