The main legal point established in the judgment is that a Special Court, constituted as a Court of Session, is a Court of original criminal jurisdiction and can take cognizance of offences under the Indian Penal Code along with the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 without an order of commitment by a Magistrate.

SREEDHARAN, J.

This reference under section 395(2) of the Code of Criminal Procedure is at the instance of the Sessions Judge, Thalassery. He is the Special Court specified under section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to try offences under that Act. Questions referred by him are :-

(1) What is the correct procedure to be followed by a Special Court when it receives a final report disclosing offences punishable under section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as offences punishable under the Indian Penal Code and

(2) If the course followed by this Court in taking cognizance of offences punishable under the Indian Penal Code also along with offences punishable under section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were (as it appears to be) wrong, what further procedure is to be followed.

2. Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as the Act, is in the following terms :-

"For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act."

Sessions Court, Thalassery is one of the Courts of Sessions specified to be a Special Court to try offences under the Act. The first question that is posed is one relating to the correct procedure to be followed by a Special Court when it receives a final report disclosing offences punishable under the Act.

3. Section 4 of the Code of Criminal Procedure, hereinafter referred to as the Code, provides for trial of offences under the Indian Penal Code and other laws. That section has two sub-sections. Sub-section (1) states that all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Code. As per sub-section (2), all offences under any other law shall be investigated, inquired into, tried or otherwise dealt with according to the provisions of the Code, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. The conjoint effect of these provisions is that in the absence of specific provision made in the statute indicating that offences will have to be investigated, inquired into, tried and otherwise dealt with according to that statute, the same will have to be investigated, inquired into tried and otherwise dealt with according to the provisions contained in the Code. The provisions of the Special Act would apply and prevail over the Code. When the special law does not prescribe any particular procedure, the provisions contained in the Code will govern the investigation, inquiry and trial of cases by criminal courts. In other words, the Code is the parent statute which provides for investigation, inquiry, trial or otherwise dealing with offences.

4. Section 5 of the Code states that nothing contained in the Code, shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. If an act creating an offence does not prescribe any special form of procedure, the provisions contained in the Code will be applicable for the trial for such offences.

5. Section 26 of the Code prescribes the criminal courts by which offences under the I.P.C. or other laws are triable. As per clause (a) of the Section, the High Court and the Court of Session have concurrent jurisdiction to try any offence under the Indian Penal Code. Judicial Magistrate of I class and Judicial