Pareed Pillay, Ag.Cj.

The Crl.M.C. is to quash a complaint filed by the first respondent before the Judicial Magistrate of the First Class, Ottapalam for offence under S.3(l)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the act'). Magistrate took cognizance of the offence. Contention of the petitioner is that the Magistrate ought to have seen that he has no jurisdiction to initiate committal proceedings and hence initiation of the same cannot be sustained.

2. In view of the contention that the Magistrate did not have jurisdiction to take cognizance of the offence under the Act, Thomas J. held that principles laid down by a Division Bench of this Court in Re (1992 (2) KLT 748) require reconsideration. The matter was posted before a Division Bench of this Court and that Court referred the case to be heard by a Full Bench of this Court.

3. The question mat arises for consideration is whether committal proceedings is necessary or not in a case under the Act. In Re (1992 (2) KLT 748) a Division Bench of this Court held that the Sessions Judge as Special Court constituted under the Act can take cognizance of the offences e