ORDER :

U. Durga Prasad Rao, J.

1. The petitioner/A1 challenges the docket order, dated 17.09.2019 in Crime No. 189 of 2019 passed by the learned Special Judge under SCs & STs (POA) Act-cum-VIII Additional District Judge, West Godavari District/Eluru (for short, Sp. Judge u/SCs & STs (POA) Act) returning the bail application filed by the petitioner/A1 holding that he is not having jurisdiction to entertain the bail application.

2. The Crime No. 189 of 2019 was registered by the Police of Pedapadu Police Station, West Godavari District against the petitioner/A1 and some others for the offences under Sections 342, 364 r/w. Sec. 324 r/w. Sec. 34 of IPC and Secs. 3(1)(r), 3(1)(S), 3(2), (va) of SCs & STs (POA) Act on the complaint given by the defacto complainant. The complaint allegations briefly are that the complainant has boundary disputes with A2 since long back. A1 was the then M.L.A. and he has nothing to do with the aforesaid dispute. However, about two years prior to the complaint, A1 to A4 forcibly kidnapped the Complainant in the car of A1 and kept in a house for 1 1/2 days and beat him indiscriminately with sticks, hands and legs and abused him in the name of his caste and thereafter left him. Hence, the complaint. Investigation is reported to be pending.

3. While so, during the course of investigation, A1 was arrested on 11.09.2019 and remanded to judicial custody. The petitioner/A1 filed unnumbered Crl.M.P. in Crime No. 189 of 2019 before the Sp. Judge u/SCs & STs (POA) Act, seeking regular bail. The said application was returned on 12.09.2019 with the observation that the application should be filed before designated Court to deal with the trial of the cases involving elected M.Ps. and M.L.As. Hence, the application was represented on 16.09.2019 before the Special Court for the trial of offences relating to elected Members of Parliament and Members of Legislative Assembly, Vijayawada (for short "designated Court"). However, the said Court returned the application with the observation that the said Court is having jurisdiction only to try the offences relating to elected M.Ps. and M.L.As. and pre-trial procedure has to be conducted before the Court which has jurisdiction. Again, the matter was represented before the Special Judge under SCs & STs (POA) Act on 17.09.2019, but the application was returned on the same day on the ground that said Court has no jurisdiction in view of establishment of designated Court.

4. Heard learned counsel for petitioner Sri Posani Venkateswarlu and learned Public Prosecutor.

5. As per the F.I.R., the petitioner/A1 who was the sitting M.L.A. allegedly committed offences under Sections 342, 364 r/w. Sec. 324 r/w. Sec. 34 of IPC and Secs. 3(1)(r), 3(1)(S), 3(2), (va) of SCs & STs (POA) Act. Since, one of the offences allegedly committed is under SCs & STs (POA) Act, as per Sec. 14 of the said Act, the trial shall be conducted before the Special Judge u/SCs & STs (POA) Act. The Special Court under the said Act has the power to directly take cognizance of the offences without the necessity of following committal proceedings.

6. Be that it may, pursuant to the directions of Hon'ble apex Court in Ashwini Kumar Upadhay v. Union of India and another (W.P. (Civil) No. 699 of 2016) (directions dated 14.12.2017, 21.08.2018 & 04.12.2018) the designated Courts have been established throughout the country for the trial of criminal cases involving MPs and MLAs. Towing the line, Government of Andhra Pradesh in G.O.Rt. No. 250 dated 03.04.2018 LAW (L, LA & J-Home-Courts-A) Department issued notification, which reads thus;

Special Court for trial of criminal cases relating to elected MPs/MLAs, Vijayawada - Specifying the whole of the State of Andhra Pradesh as the local area -- Notification - Orders - Issued.

(1) G.O.Ms. No. 26, Law (LA, LA & J) Home Courts. A) Department, dt. 26.02.2018.

(2) From the Registrar (Admin.), High Court of Judicature at Hyderabad, R.O.C. No. 105/E1/2018, dated 17.03.2018.

ORDER:

In the r