( 1 ) THE Division Bench of this Court consisting of both of us had an occasion to deliver judgment in Cri. R. C. No. 905 of 1996 dated 23-4-1999 in Referring Officer v. Shekar Nair, (1999 (3) ALT 533 : (1999 Cri LJ 4173 ). In the said Cri. R. C. the question was decided by this Court as to what procedure is to be followed in cases wherein the accused are charged of an offence punishable under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act ).

( 2 ) THIS reference was answered by this Court and while answering the reference, various judgments of different High Courts and also the judgments of the Full Bench of Kerala High Court were taken into consideration. We dissented from the view taken by Kerala High Court and we observed that the charge-sheets are liable to be returned for filing the same before the Court of concerned Magistrate of First Class for securing the committal of the accused to the Court of Session constituted as Special Court under the Act. One more aspect clarified was that the atrocities punishable under Section 3 of the Act as well as the offences under I. P. C committed in the cour