Mangli Prasad and Others vs IInd Addl. Session Judge and Another

R.N. Ray, J.—This revision has been directed against the judgment and order dated 16.8.94 passed by IInd Additional Sessions Judge/Special Judge (SC/ST Prevention of Atrocities) Act, 1989, Oral, District Jalaun and it has been submitted that though the learned Additional Session Judge at Oral has also been appointed as Special Judge within the meaning of Section 2(d) of the S.C./ST (Prevention of Atrocities) Act, but still he cannot invoke his power like a Magistrate to send that complaint petition u/s 156(3), Code of Criminal Procedure to the concerned police station for investigation. It has been contended that since he is the Additional Sessions Judge, hence he cannot take cognizance of an offence unless committed before him by any Magistrate under the provisions of Section 209 of Code of Criminal Procedure in this particular case, the learned court below passed the Impugned order purporting to be in the exercise of powers u/s 156(3) of Code of Criminal Procedure, which according to the learned Counsel for the applicant, was bad in law as he had no power to do so. in this connection, he has referred a decision reported in Mansha Ram v. State and Anr., 1994 UPCR 297, wherein it was held that cognizance taken by learned Sessions Judge of the offence u/s 14 of the SC/ST (Prevention of Atrocities) Act, in fact was bad as it was without jurisdiction.

Duly considered the submissions of the learned Counsel for the applicant and perused the impugned order.

in view of the provisions of Section 193, Code of Criminal Procedure, no Court of Sessions can take cognizance of an offence as a court of original Jurisdiction, unless the case has been committed to that court by the learned Magistrate under Code of Criminal Procedure for exercise of powers conferred on him. The Prevention of Atrocities Act is a special Act for protection of persons belonging to Scheduled Castes and Scheduled Tribes. There are other Special Acts also such as the U.P. Dacoity Affected Areas Act, 1983 in which there is provision in Section 7 of the Act which authorises the learned special Judge to take cognizance under said Act. Under the Provisions of Section 14. TADA, there is provision that the designated court may take cognizance of the offence. Similarly, though the accused may not be committed to the court for trial but u/s 5 of the Prevention of Corruption Act, the learned Special Judge may take cognizance of the offence, if a complaint is filed before him but I do not find such provision under the SC/ST (Prevention of Atrocities) Act, 1989. It is true that the learned court below has been appointed as a special Judge within the meaning of Section 2(d) of the Act but unless the accused is sent to him by the learned Magistrate, I am afraid he cannot take any cognizance of the offence u/s 14 of the said Act. And he also cannot act as a Magistrate in exercising his power or in taking the cognizance of the Act like a Magistrate or to send that complaint petition to the concerned police station u/s 156(3), Code of Criminal Procedure in this case, there was recourse left to him by sending the complaint petition to the Magistrate having the jurisdiction with a direction to act according to law and thereafter when the case will be again sent back to him since he was to try the case as he was appointed a Judge within the meaning of Section 2(d) of the Act and to hold the trial thereafter, the learned court below may proceed with the trial.

The learned A.G.A. submitted that in view of the decision as reported in U.P. Criminal Rulings 1994 (supra), the order passed by the learned court below appears to be erroneous.

Duly considered the submissions.

In view of my discussion and reasons assigned above, this criminal revision stands allowed at the admission stage and the Impugned order dated 16.8.94 passed by the learned Additional Sessions Judge/Special Judge (SC/ST Prevention of Atrocities Act, 1989), is quashed and it is ordered that the said complaint petition be sent to the learned Judicial Magistrate having Jurisdiction who shall act in the manner Indicated above.