JUDGMENT

B. P. DAS, J. — The aforesaid Criminal Reference arises out of a reference made by the learned Sessions Judge-cum-Special Judge, Cuttack, under Section 395 of the Code of Criminal Procedure (in short ‘Cr.P.C.’). It is stated by the learned Special Judge that during the course of hearing of G. R. Case No. 257 of 1993 where¬in the accused persons were facing trial under Sections 341, 323, 294, 506/34 of the Indian Penal Code (in short ‘I.P.C.’) and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the learned counsel for the defence prayed to drop the proceeding on the following grounds :

“(1) For non-compliance of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

(2) Further progress in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act pending in the Special Courts is bad without committal proceeding in view of the principle enunciated in (2000) 18 O.C.R. 364.”

The learned Special Judge in the reference has stated that the first ground is not tenable since the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989