Point of Law:
Procedure of commitment of case in amended Cr.P.C. has been made of very superficial nature as the Magistrate committing the case, does not enjoy any power to make deeper analysis of the evidence which he was supposed to collect under unamended Cr.P.C. and now he has simply to commit the case irrespective of what were the facts and evidence on record

JUDGMENT :

1. Heard Sri Anoop Trivedi learned Senior Advocate assisted by Sri Abhinav Gaur, learned counsel for the applicant, Sri B.A. Khan, learned A.G.A. appearing for the State and perused the record.

2. This application under Section 482 Cr.P.C has been moved with a prayer to quash the orders dated 05.09.2017 and 17.08.2019 passed by the Special Sessions Judge, SC/ST Act, Meerut in S.S.T. No. 5031 of 2016 (State vs. Sanjay and others) arising out of Case Crime No. 192 of 2016 under sections 147, 148, 149, 302 IPC and 3 (2) (V) of SC/ST Act as well as charge-sheets dated 02.10.2016 and 30.11.2016 and also a prayer is made to stay the proceedings in this case till the disposal of this application.

3. In order to understand and appreciate the argument of the learned counsel for the applicant, it would be appropriate to give in brief the facts of this case as they emerged from the FIR.

4. The opposite party no. 2 Mitan Kumar has lodged an FIR dated 13.7.2016 stating therein that about 1 ½ months ago a quarrel had happened between him and co-villagers accused-applicant Sumit and co-accused Sujeet and because of that the accused-applicant and other co-accused were having enmity towards elder brother of the applicant Chetan. On 13.7.2016 when his elder brother Chetan was returning home with his mother Savitri Devi and when all of them reached near the sugarcane field of Vedpal, one motorcycle came from behind, on which the accused-applicant along with co-accused Sujeet, Sumit and Sanjai came there, while another accused Ashok who was already hiding in the sugarcane field also came out on the road and started saying ‘Aaj Is Chamte ke Bhure Ko Dekh Lo’ and they all gheraoved his elder brother Chetan and opened fire upon him and when his mother came to save him, these people also pointed out their weapon towards her and told her to remain quiet otherwise she would also be shot dead. His brother after receiving injuries of bullet, fell down and died on the spot while all the five accused including the applicant fled from there threatening that whoever would incur their enmity would have to face the same consequence. The informant did not chase them because of fear and after the accused fled from there, on the alarm being raised by the informant and also hearing the sound of gun fire, no one came because of fear.

5. On the basis of the written report, a case was registered as Case Crime No. 192 of 2016 under sections 147, 148, 149, 302 IPC and section 3 (2) (v) of SC/ST Act against the accused-applicant and four other accused named in the FIR. After investigation, charge-sheet against the accused-applicant has been filed on 2.10.2016 under the above-mentioned sections and on the basis of evidence on record against the accused-applicant, charges under the above-mentioned sections were framed on 5.9.2017.

6. An application 93-Kha was moved thereafter from the side of the applicant and two other co-accused namely, Ashok and Sanjay stating therein that cognizance of the offence under sections 302, 147, 148, 149 IPC has been taken directly by the court below by-passing the provision of section 193 Cr.P.C. Cognizance of the offence under SC/ST Act is taken under proviso to section 14 (1) of the said Act. The proviso to Section 14 (1) of the SC/ST Act provides that “the courts so established or specified, shall have power to directly take cognizance of offences under this Act”. Further it is mentioned that section 6 of this Act provides that “Subject to the other provisions of this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V-A section 149, and Chapter XXIII of IPC, shall, so far as may be, apply for the purposes of this Act as they apply for the purpose of IPC. Further, It is mentioned that section 6 of the Act, makes it clear that other offences either in IPC or any other Act never have their application under this Act. Further it is mentioned that SC/ST Act nowhere provides that all other cases which can be jointly cha