RANJIT SINGH Vs. HARMEL KAUR

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C. filed by the petitioners, seeking quashment of the order dated 18-8-2000 passed by the Additional Sessions Judge (Special Judge), Patiala, in a case under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called SCST Act).

(2.) Respondent Harmel Kaur had filed a criminal complaint under Section 3(X) of the SC/ST Act, against the present petitioners Ranjit Singh etc. The said complaint was filed in the Court of Additional Sessions Judge, Patiala, acting as Special Judge, under the SC/ST Act. After recording the preliminary evidence, learned Additional Sessions Judge (Special Judge), Patiala had ordered the summoning of the petitioners as accused. The petitioners filed an application for the dismissal of the said complaint. The said application was contested by the other side. The matter was under consideration. At that stage, learned counsel for the accused-petitioners placed reliance on the law laid down by the Hon'ble Supreme Court, in the case reported as Gangula Ashok v. State of A.P., (2000) 1 Rec Cri R 797 in which, it was held that the complaint has to be filed or challan is to be presented in the Court of the learned Magistrate and the procedure of commitment of the case to the Court of Session is to be followed and thereafter the case would be assigned to the Additional Sessions Judge (Special Judge) for trial. It was submitted that in view of the law laid down by the Hon'ble Supreme Court, in Gangula Ashok's case (supra), the complaint could not be filed directly in the Court of Additional Sessions Judge (Special Judge). The learned Additional Judge (Special Judge), after hearing both the sides and after going through the law laid down by the Hon'ble Supreme Court, in Gangula Ashok's case (supra), vide Order dated 18-8-2000, directed that the complaint in question be put up before the CJM, Patiala for further directions in accordance with law. It was further directed that the complainant and the accused would appear in the said Court on the date fixed. Aggrieved against this order dated 18-8-2000 passed by the Additional Sessions Judge (Special Judge) the accused have filed the present petition under Section 482, Cr.P.C., seeking the quashment of the said order on the ground that no direction could be given by the Special Judge that the case be put up before the CJM, Patiala for further proceedings.

(3.) I have heard the learned counsel for the parties and gone through the record.