The Special Court constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is intended to be a Court of original jurisdiction for all intents and purposes, including the powers under Section 190 of the Criminal Procedure Code, and it can take cognizance of the offenses without an order of committal by the Magistrate.

1. In both these petitions the question of law is whether the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) can take cognizance of the offences under the Act without being committed by the Magistrate in view of Section 193, Criminal Procedure Code. There are conflicting decisions of this Court. Hon ble Mr. Justice V.S.Aggarwal in Devinder Singh Sarpanch V/s. State of Punjab, (1997) 3 Rec Cri R 575 took the view that the Special Judge under the Act can directly take cognizance of the case without being committed by the Magistrate. Mr. Justice M.L.Koul in Jyoti Arora V/s. The State of Haryana, (1998) 1 Rec Cri R 234 : (1998 Cri LJ 2662) has taken the view that the Special Judge under the Act has no original jurisdiction to try the offences unless the case is committed to it under Section 193, Cr.P.C.by a Magistrate. Mr. Justice N.K.Kapoor in Phuman Singh V/s. Kashmir Singh, (1995) 1 Chand LR 371 took the view that Special Judge can directly take cognizance of the complaint without being committed by the Magistrate. Hon ble Mr. Justice K.S.Kumaran also took the similar view, but there was no discussion.

2. A Division Bench of the Kerala High Court in Re : Director General of Prosecution, 1993 Cri LJ 760 held that the Special Court is a Court of original jurisdiction with all the powers under Section 190 of the Code to take cognizance of offences without an order of committal by the Magistrate as set out in Section 193 of the Code. The Patna High Court in Jhagru Mahto V/s. State of Bihar, (1993) 1 Crimes 643 took a contrary view. The High Court of Andhra Pradesh in S.Damodar Reddy V/s. State of Andhra Pradesh, 1996 Cri LJ 3271 has taken the view that the provisions of Section 193, Cr.P.C.are not applicable and for the offences under the Act, the Special Court can take cognizance without an order of committal by the Magistrate as set out in Section 193, Cr.P.C.

3. It has been held by the Apex Court in A.R.Antulay V/s. Ramdas Sriniwas Nayak, 1984 Cri LJ 647 : (AIR 1984 SC 718) that the Court of a Special Judge is a Court of original criminal jurisdiction and as a Court of original criminal jurisdiction in order to make it functionally oriented some powers were conferred by the statute setting up the Court. Except those specifically conferred and specifically denied, it has to function as a Court of original criminal jurisdiction not being hide bound by the terminological status description of Magistrate or a Court of Session. Under the Code it will enjoy all powers which a Court of original criminal jurisdiction enjoys save and except the ones specifically denied.

4. Section 190, Cr.P.C.obligates on the Magistrate to take cognizance of the offences. Section 193, Cr.P.C.only prohibits the Court of Session from taking cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code. Therefore Section 193, Cr.P.C.has to be read as a bar to the Court of Session to act as Court of original jurisdiction. Only the offences which are triable by the Sessions Court as such cannot be taken cognizance by the Sessions Court. It is, therefore, to be seen whether the offences under the Act are made triable by a Court of Session. It is no doubt true that the Code of Criminal Procedure under its First Schedule classifies the offences and the Court by which they are triable. Certain offences are triable by the Magistrate and certain offences are made triable only by the Court of Session. Therefore, under the Code only those cases which are made triable by a Court of Session have to be committed by the Committal Magistrate. If the offence is not triable by a Court of Session, there is no need to have any committal proceedings before the Magistrate. For an offence under other statute or enactment, the Code of Criminal Procedure must make the offence triable by a Sessions Judge in which o