GOPAL SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal miscellaneous petition, a challenge is made to the order dated 21.02.2008 wherein cognizance of the offence was taken followed by a direction for holding warrant trial and accordingly warrant of arrest was issued to secure presence of the accused-petitioners.

(2.) Learned counsel for petitioners submits that court below took cognizance of offence under Sections 447, 427, 323 IPC apart from Section 3(i)(v)(x) of SC/ST (Prevention of Atrocities) Act (in short "the Act"). It was on submission of adverse final report after investigation. An offence under Section 3 of the Act is triable by the Special Court thus the Additional Chief Judicial Magistrate was not competent to direct for warrant trial so as issuance of warrant of arrest. It should have committed the case for trial by the special court. In view of above, the impugned order deserves to be set aside as it has been passed without competence and jurisdiction of the court.

(3.) Learned counsel for respondent-complainant is fair enough to admit that once the cognizance has been taken for the offence under Section 3(i)(v)(x) of the Act, the Additional Chief Judicial Magistrate was not competent to try it as it is triable by the Special Court as per Section 14 of the Act. The prayer is accordingly made to interfere in the impugned order only to the extent of trial by the court below and issuance of warrant as a consequence thereof.