DAVINDER SINGH SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE short question that arises for consideration in Criminal Misc. Nos. 15653-M of 1996 and 601-M of 1997 is as to whether the Special Court constituted under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 can take cognizance of the complaints directly or if the cases must be committed to it by a Judicial Magistrate.

(2.) FOR the sake of facility facts of Criminal Misc. No. 15653-M of 1996 are being mentioned, Parwati filed a criminal complaint against Devinder Singh Sarpanch and two others for an offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter described as 'the Act') besides Sections 436 and 506 Indian Penal Code. She contended that she is a Scheduled Caste while the petitioners were non scheduled castes. They are asserted to have committed the above said offence. A complaint in this regard was filed in the court of learned Judicial Magistrate. She mentioned that earlier a complaint was filed before the Special Judge, Faridkot. It was dismissed at the stage of preliminary hearing on the ground that it cannot be filed directly before the Special Judge and that the Special Judge cannot take cognizance of the offence. The learned Judicial Magistrate. Faridkot on 2.3.1996 held that there were sufficient grounds to proceed and summoned the alleged accused under sections 3(v) and 3(x) of the above said Act besides Sections 436 and 506 IPC.

(3.) IN the reply filed the respondent contended that the petitioners can approach the concerned Judicial Magistrate for dropping the proceedings. She insists that earlier she had filed a complaint before the Special Judge, Faridkot and it was dismissed on the preliminary hearing holding that unless the case is committed to the Court, the Special Judge cannot take cognizance. The respondent relied upon Sections 4 and 5 of the Code of Criminal Procedure to contend that when there is no special procedure that has been prescribed in terms of Section 193 Cr.P.C., necessarily the Magistrate has to commit the case to the special court.