1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. The present criminal application is moved by the original accused no.1 and 3 in Special Case No.3/2010 on the file of Additional Sessions Judge, Ambajogai, who is also holding the charge of Special Judge to conduct the trials under the Atrocities Act. Challenging the order passed below Exh.35 on 09/08/2011. Considering the nature of relief claimed, this Court does not feel it necessary to issue notice to the respondent no.2.

3. Such of the facts as are necessary for the decision of this application can be summarized as follows :

Victim Rajabhau Bansode and these applicants were in the service of Zila Parishad School as Assistant Teachers. The present petitioners are husband and wife. It appears that as the husband of respondent no.2 by name Rajabhau Bansode, who was serving as Assistant Teacher in Zilla Parishad School, had committed suicide in the premises of the school itself, by consuming poison on 07/08/2009. On the complaint of respondent no.2, an offence came to be registered at CR No.81/2009 in Ambajogai (Rural) Police Station for the offence punishable u/s. 306 r/w. 34 of the IPC, so also for the offence punishable u/s. 3(ii) (v) of The S.C. and S.T. (Prevention of The Atrocities) Act of 1989. (Hereinafter to be referred as Atrocities Act.) It appears that on completion of investigation, charge sheet came to be filed before the learned J.M.F.C. Ambajogai on 31/01/2010. The case was numbered as RCC No.76/2010. It appears that on filing of the charge sheet, the learned J.M.F.C. Ambajogai had issued the process by its order dated 11/02/2010 against the present applicant and 2 others for an offence punishable u/s. 306, 506 r/w. 34 of the IPC, but issued the process for an offence punishable u/s. 3(ii) (v) of The Atrocities Act against the original accused no.2 and 4. While the investigation was in progress, they were released on bail by the order of this Court.

4. It appears that the after the appearance of the applicants and others, necessary committal order was passed on 11/05/2010 as the offence for which process was issued against some of the accused for the offences under The Atrocities Act, is exclusively triable by the Special Judge. Accordingly, the trial was committed to the Court of Sessions/Special Judge by the 2nd J.M.F.C. Ambajogai and the case was numbered as Special Case No.3/2010.

5. It appears that at Exh.30, on 30/07/2011, learned Additional Judge-2 Ambajogai had framed charge against these applicants and 2 others for the offence punishable u/s.306, 504 r/w. 34 of the IPC, so also against these applicants and others for the offence punishable u/s. 3(ii)(v) of The Atrocities Act. It appears that at the time of framing of charge, learned counsel for these applicants, who was appearing before the Lower Court, was not heard. In view of this, an application was moved by the learned counsel for these applicants on 09/08/2011 u/s. 227 of The Cr.P.C. for discharge of these applicants only for the offence under the Atrocities Act. It appears that on the very day, learned Additional Judge, passed an order in the following terms:

“Application will be decided at final stage of hearing as there are other offences and charge against the accused persons.”

The said order is impugned in this application u/s. 482 of The Cr.P.C. before this Court.

6. During the course of submissions across the bar, initially the learned counsel appearing for the applicants took me through the definition clause of the Atrocities Act, in which u/s. 2(1) (d), it is defined as: “Special Court” means A court of Session specified as Special Court in Section 14. Further he took me through chapter (iv) of the said Act, of which section 14 and section 15 deals with the Special Court and Special Public Prosecutor. Section 14 and 15 of The Atrocities Act read as follows :

Section 14: Special Court: For the purpose of providing for speedy trial, the St