Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 223 OF 2008

Rattiram & Ors.

.....……..Appellant

Versus

State of M. P. Through

Inspector of Police

………Respondent

WITH

CRIMINAL APPEAL NO. 458 OF 2008

Satyanarayan & ors.

……......Appellant

Versus

The State of Madhya Pradesh Through

Incharge, Police Station Cantt.

………Respondent

J U D G M E N T

Dipak Misra, J.

Perceiving divergent and contradictory views as regards the

effect and impact of not committing an accused in terms of

Section 193 of the Code of Criminal Procedure (for short ‘the

Code’) in cases where charge-sheet is filed under Section 3(1)(x)

of the Scheduled Castes and the Scheduled Tribes (Prevention of

2

Atrocities) Act, 1989 (for brevity ‘the Act’) and cognizance is

directly taken by the Special Judge under the Act, a two-Judge

Bench thought it apposite to refer the matter to a larger Bench

and on the basis of the said reference, the matter has been

placed before us. At this juncture, it is requisite to clarify that the

real conflict or discord is manifest in Moly and Another v. State

of Kerala¹ and Vidyadharan v.