Shacheendra Dwivedi -- 1. This petition poses a problem of vital importance as to whether the Sessions Court which is the 'Special Court' specified under section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the 'Act') is empowered to try the offence under the Act without its committal by the Court of Magistrate, as provided under section 193, of the Code of Criminal Procedure (hereinafter referred to as 'Code').

2. Since the petition involves only a legal question, the facts of the case are not very material. Suffice it to state that the Court of Session, specified as 'Special Court' under the impugned order, refused to entertain and try the offence under the Act, on the ground that it had no power to 'try' those offences which were not committed to it by the magistrate as required under section 193 of the Code, and, therefore, dismissed the complaint filed by the petitioner, with further liberty to her to file it before the Magistrate concerned.

3. Although the Code of Criminal Procedure lays down the separate procedure to be followed for the trial of offences on police report and on private complaint and which are exclusively