O.P. Jain, J. - (1.) This is an application under section 482 Cr.P.C. for quashing the summoning order dated 5.10.91 passed by Special Judge (IInd Addl. Sessions Judge), Etawah in Special Case No. 163 of 1991, Ganga Charan v. Yadubir Singh .
(2.) The brief facts of the case are that on 13.9.90 opposite party No. 2 Ganga Charan gave an application to S.S.P. Etawah and on its basis an F.I.R. under Sections 323, 504 and 506 I.P.C. and Section 3(1) of S.C.S.T. (Prevention of Atrocities) Act, 1986 was registered. After investigation the police submitted a final report, Ganga Charan filed a protest petition on 21.1.91 and requested that the final report be rejected and accused persons be summoned. Ganga Charan also filed his affidavit and affidavits of some witnesses alongwith the protest petition. The trial court recorded the statement of Ganga Charan under section 200 Cr.P.C. and also recorded the statement of Rajendra Babu and another witnesses-named Munindra Narain Under section 200 Cr.P.C. on the basis of the evidence the learned Special Judge summoned the accused vide his order dated 5.10.91.
(3.) The summoning order is being challenged on the ground that an offence Under section 3 (1) of S.C.S.T. (Prevention of Atrocities) Act (hereinafter called the Act) is exclusively triable by Special Judge Under section 14 of the Act and that the Special Judge being a court of Sessions cannot take cognizance of any offence unless the case is committed to it. It is argued that the Act does not provide any specific procetture for enquiry or trial of any offence defined in the Act and therefore, the enquiry or trial under the Act will be governed by Chapter XVth of the Code of Criminal Procedure.;