PRADEEP PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Shri B.K.Ragada, learned counsel for the petitioners and learned Addl. Govt., Advocate for the State.

(2.) By this application under S. 482 of the Code of Criminal Procedure, the petitioners challenge the judgment and order dated 5-2-2003 passed by the Addl. Sessions Judge. Sambalpur, in Criminal Revision No. 30/8 of 2002/2003 confirming the order dated 4-4-2002 passed by the S.D.J.M., Sambalpur, in G.R. Case No. 603 of 1999 refusing to recall the order taking cognizance against the petitioners of the offences under Ss. 341 /323/34, I.P.C. read with S. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter called 'the Act.'

(3.) The petitioners had earlier approached this Court in Crl. Misc. Case No. 805/2002 praying be quash the order taking cognizance against them and this Court by its order dated 12-2-2002 disposed of the said case with the direction that on the petitioners surrendering in the Court below they would be released on bail on the terms and conditions set out therein and with liberty to raise the point that no case has been made out against the petitioners under the Act. The aforesaid plea of the petitioners was rejected by the S.D.J.M. by order dated 4-4- 2002 saying that he had no jurisdiction to recall the order of cognizance as the case is triable by the Special Court and the Court of the S.D.J.M. is only a committing Court. Against the aforesaid order the petitioners preferred a revision being Criminal Revision No. 30/8 of 2002/2003 and the Addl. Sessions Judge, Sambalpur, dismissed the same by order dated 5-2-2003. As it appears, the learned Addl. Sessions Judge was of the view that the points raised by the petitioners could be decided during the course of trial.