UDHABA ALIAS UDHABA CHARAN KAR Vs. GORA BINDHANI

JUDGEMENT

(1.) An interesting question is raised about jurisdiction of learned Sub-Divisional Judicial Magistrate to deal with complaints alleging commission of offences punishable under various provisions of the Penal Code, 1860 (in short, 'IPC'), along side those punishable under S. 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the 'Act').

(2.) In the case at hand a complaint was filed alleging commission of various offences punishable under the IPC and S. 3 of the Act against the petitioners. By order D/- 27-1-1994 learned SDJM, Udala took cognizance of the offences and directed issue of summons to the present petitioners. With reference to various provisions of the Act, it is submitted by the learned counsel for the petitioners that the learned SDJM, Udala had no jurisdiction to deal with the matter. The stand of the opposite party in essence is that the offences punishable under the IPC were triable by the learned SDJM and there was no illegality in the action of the learned SDJM.

(3.) A conspectus of various provisions of the Act and the Criminal P.C. 1973 (in short, 'Cr. P.C.') is necessary for resolution of the controversy. Section 14 of the Act provides as follows :