- (1.) THIS petition under Section 482, Cr. P. C. is directed against the order passed by the IInd Additional Sessions Judge, Bahraich on 24-3-1992 summoning the petitioner for having committed certain offences including one under Scheduled Caste and-Scheduled Tribes (Prevention of Atrocities) Act.
(2.) IT appears that a complaint was filed against the petitioner before the learned Additional Sessions Judge who recorded statement of the complainant under Section 200, Cr. P. C. and also those of witnesses under Section 202, Cr. P. C. and issued the aforesaid order. The petitioner went in revision against this order before the Sessions Judge which revision was rejected on 8-10-93 on the ground that it was not maintainable. The petitioner has therefore, come to this Court. The main contention raised on behalf of the petitioner is that cognizance cannot be taken by the learned Sessions Judge and, therefore, the order issuing summons against him is without jurisdiction. I have heard learned Counsel for the Parties. Under Section 14 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the cases punishable under this Act are to be tried by the Sessions Judge who shall be so specified for this purpose. This provision, therefore, lays down that cases under this Act are to be tried by the Sessions Judge and such Sessions Judge has to be specified by the Government by a notification. Th,ere is no other provision conferring any powers on the Sessions Judge so specified or prescribing any procedure other than the one prescribed in the Cr. P. C.
(3.) IN absence of such a provision, the provision of Cr. P. C. would apply to all the trials for the offences under this Act, as provided by Section 4 (2), Cr. P. C. Under the Cr. P. C. , cognizance can be taken by a Magistrate as provided by Section 190. A Magistrate includes any other person who exercises any of the powers of the Magistrate, as defined in General Clauses Act. No powers of a Magistrate have been conferred on the Sessions Judge who has to try the cases under the aforesaid Act. That Court is essentially that of a Sessions Judge which has all the powers of a Sessions Judge also the disabilities which may be so provided for a Sessions Judge.;