K.M. Pandey, J. -- l. This revision has been preferred against the order of the Session Judge/Special Judge, designated under Act No. 33 of 1989, called as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (here in after referred as Act No. 33 of 1989).

2. The brief facts arc that the petitioner lodged a report to the police for taking action against the non-petitioners No.2 to 6. The police refused to accept this report with the result that the petitioner sent the report to the high officials including the Superintendent of Police, Gwalior, but all in vain. Thereafter, the petitioner riled a private complaint in the Court of Session Judge/Special Judge, Gwalior on 16.4.1992. The offence were exclusively triable by the Sessions Judge, designated as Special Judge under the AetNo.33 of 1989. The complaint was for offences punishable under section 3(10), (15) and under section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under section 4(2) of Civil Rights Protection Act, 1965 and under section 341 and 294 of the Indian Penal Code against the non-petitioners No.2 to 6, filed with affidavit and two documents in its support. Though, the learned Special Judge took the cognizance of the offences as the offences were exclusively triable by that Court as mentioned in the Atrocities Act itself and examined the complainant u/s. 200 Cr. P.C. and further examined the complainant's witnesses u/s. 202 Cr. P.C. and the case was adjourned from time to time for orders and for the registration of the case u/s 203 or204 Cr.P.C.

3. Meanwhile, the then Sessions Judge/Special Judge (Shri Karambelkar) was transferred and Smt. Sarojini Saxena, the present Sessions Judge and Special, Judge took charge. The point of jurisdiction was raised before the present Sessions Judge/Special Judge. The learned Special Judge then passed the impugned order whereby the proceedings drawn by the then Special Judge (Shri Karambelkar) were quashed and the learned Court further held that her predecessor Judge, who had recorded the statements u/Ss. 200 and 202 Cr.P.C. was under impression that this Court is the only Court to take cognizance of the offences punishable under various sections of the Act and with this reason only he examined the complainant and the witnesses. The learned Special Judge vide order dated 5.6.1992 quashed the proceedings and directed the petitioner to appear bc10re the Chief Judicial Magistrate, Gwalior and further directed the Child Judicial Magistrate, Gwalior to take cognizance or the alleged offences un the basis of the complaint filed by the petitioner and complete the proceedings in respect of the commitment of the case. Aggrieved by the aforesaid order, the present revision has been preferred.

4. The only point for consideration in this case is :-

Whether the offence covered in the Schedules Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were cognizable by the Special Judge or the general law prescribed under the Code of Criminal Procedure, for commitment of the case, triable by the Sessions Judge, will apply?

5. This special legislation has been enacted to prevent and check various offences, indignities, humiliations and harassment on Scheduled Castes and Scheduled Tribes, as the existing provisions of law like the protection of Civil Rights Act, 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate. Of late, there has been an increase of certain atrocities, like making them to eat inedible substances like human excreta and attacks on and mass killing of people, rape of women of these sections This enactment provides for extra punishment for the crime of atrocity on Scheduled Castes and Scheduled Tribes as defined under the Act by the Special Courts by following the speedy special procedure under the Act.

6. Act No.33 of 1989 is a special Act and contains both procedural and substantive part. Chapter IV of the Act, referr