This revision is against the order of dismissal of the application filed by the petitioners for discharge. The petitioners were charge-sheeted by the Assistant Commissioner of Police, J.C. Nagar Sub-Division, Bangalore for the offence punishable under Section 3(1), clause (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. On two grounds they sought for discharge. Firstly, it was urged that the prosecuting agency cannot directly submit charge-sheet to the Special Court as a Special Court being the Sessions Court cannot try a case without there being an order of committal. Secondly, it is submitted that as per Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, any alleged offence has to be investigated by the officer not below the cadre of Deputy Superintendent of Police, rank who is specially authorised by the State Government.

3. The Special Judge after having heard the matter regarding discharge referred to the decision relied upon by the Counsel for the petitioners in Gangula Ashok and Another v State of Andhra Pradesh1 and also Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atro