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Judgment
N. Ananda, J.—Heard the learned counsel for-parties. The learned District & Sessions Judge and Special Judge at Madikeri has discharged respondents (accused 1 to 3) for an offence punishable u/s 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ''the Act''). The learned Special Judge has held "that as a consequence, this court has no jurisdiction to proceed with the matter and directed the office to return chargesheet to the Investigating Officer. It is open to the Investigating Officer if he is so advised to present it before the jurisdictional Magistrate, in respect of offences under IPC only".
At this juncture, it is relevant to state that final report. was filed against respondents for offences punishable under sections 447, 504 & 506 r/w 34 IPC and also for an offence punishable u/s 3(1)(x) of the Act.
Section 14 of the Act provides:- for the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act.
In terms of section 15 of the Act, for every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that court.
Therefore, Sessions Judge notified as Special Judge under the Act will have to try the cases under Chapter XVII Cr.P.C.
Section 228 Cr.P.C., provides for framing of charges. Section 228 Cr.P.C. reads thus:-
Framing of charge- (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, [or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate] shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report.
The learned Special Judge has ignored the provisions of section 228 Cr.P.C. Therefore, the impugned order cannot be sustained. In the result, I pass the following:-
ORDER
The revision petition is accepted. The impugned order is set aside. The matter is remanded to the Court of Sessions Judge and Special Judge" at Madikeri to proceed with the case under. Chapter XVII Cr.P.C. The learned Special Judge shall consider the plea of discharge put forth by respondents (accused 1 to 3) in accordance with the provisions of sections 227 & 228 Cr.P.C. The other contentions urged herein are kept open.