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1999 Supreme(P&H) 1270

T.H.B.CHALAPATHI
Dara Singh Alias Darbara Singh – Appellant
Versus
Tej Kaur W/o Tar Singh – Respondent


Judgment

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






















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