- (1.) These are the two petitions under section 482 of the Code of Criminal Procedure, 1973 against the order dated 9-11- 1995 passed by the Chief Judicial Magistrate, Lucknow taking cognizance of the offence under Ss. 3, 4 and 6 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC and ST Act') in Crl. Misc. Case No. 6979 of 1995, State of U.P. v. Ateek Ahmad and others and the order dated 27-6-2003 by which the Chief Judicial Magistrate, Lucknow has directed that case No. 6979 of 1995 shall be transferred to the Special Court having jurisdiction in the cases investigated by CBCID (Shri Brijesh Kumar Mishra, A.C.J.M., Lucknow).
(2.) Criminal Misc. Case No. 1512 of 2003 has been filed by Shri Beni Prasad Verma and CO. Misc. Case No. 1860 of 2003 has been filed by S/Shri Dr. Masood Ahmad, Dhani Ram Verma. Shiv Pal Singh Yadav. Mulayam Singh Yadav and Mohd. Azam Khan.
(3.) The facts of the case are that Shri Mulayam Singh Yadav headed a coalition Government in the State of U.P. during the period November, 1993 to June, 1995. The Government was formed by the Samajwadi Party with the support of the Bahujan Samajwadi Party (B.S.P.). On 1-6-1995. Ms. Mayawati informed the Governor of the State of U.P. that the B.S.P. had withdrawn its support from the then State Government headed by Shri Mulayam Singh Yadav. On 2-6-1995 at 20.35 hours, after withdrawal of the support by the B.S.P.. a F.I.R. was lodged by Shri Uma Kant Yadav. M.L.A. of B. S. P. which was registered at Police Station Hazratganj, Lucknow as Crime No. 419/95 under Ss. 147/323/504/342/384, I.P.C. On 3-6-1995, at about 20.45 hours. one more F.I.R. was lodged by Shri Istiyak Ansari, M.L.A., B.S.P. which was registered as Crime No. 423/95 at police station Hazratganj, Lucknow under Ss. 7. 8. 10 and 12 of the Prevention of Corruption Act. 1988 (hereinafter referred to as the 'Act'). On 3-6- 1995 at 20.50 hours. Shri Mewa Lal another M.L.A. of B.S.P. lodged F.I.R. which was registered as Crime No. 424/95 under Ss. 7, 8, 10 and 12 of the Act. On the same date, at about 21.30 hours, an F.I.R. was further lodged by Shri Atar Singh Yadav, S.H.O. Kotwali, Hazratganj, Lucknow which was registered as Crime No. 425/95 under Ss. 147/323/353/332/365/511/352.I.P.C.;