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1995 Supreme(MP) 745

S.K.DUBEY, A.K.MATHUR, V.L.BHAT
Anand Swaroop Tiwari – Appellant
Versus
Ramratan Jatav – Respondent


Advocates:
R.K. Sharma and AK. Shrivastava for applicant; B. Raj Sharma and Govind
Singh for non-applicants.

ORDER

V.L. Bhat, C.J. -- 1. First respondent herein filed a complaint before the Special Court Bhind under section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act) alleging that the petitioner and second respondent committed offences punishable under section 342 I.P.C. and section 31 (1) (x) of the Act. The Special Court took cognizance and issued process. The revision petitioner challenges this order contending that since the Sessions Court has been specified as the Special Court, it cannot take cognizance of any offence without committal order by a competent Magistrate.

2. The earliest decision of this Court on this controversy is one by Pandey, J. in Sukhlal Jatav v. State of M.P. (1993 JLJ 679) taking the view that a case under the Act cannot he committed to the Special Court and the Special Court is a Court of Original jurisdiction and is entitled to take cognizance without committal. Hon. Dwivedi, J, in Meerahai v. Bhujbal (Misc. Cr. Case No. 1270 of 1992) referred the matter to a Division Bench taking the view that the Special Court is only a Sessions Court, that it is required to follow the procedure prescribed in the




























































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