- (1.) J. K. Mathur, J. These revisions are directed against the order passed by the Additional Sessions Judge taking cognizance of the offence punishable under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act ). I have heard learned counsel for the revisionists and the learned Government Advocate appearing on behalf of the opposite party.
(2.) THE main contention raised on behalf of the revisionists is that cognizance of an offence can be taken only by a Magistrate under Section 190, Cr. P. C. and in view of the fact that the aforesaid Act does not provide for any different mode of taking of cognizance, the provisions of Code of Criminal Procedure would be applicable. Cognizance can, therefore, be taken only by a Magistrate and not by Additional Sessions Judge who may be specified as a special court in Section 14 of the aforesaid Act. Section 14 reads as follows: "14. Special Court.-Pot the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act. " A perusal of this provision would show that a Court of Session in each of the Districts is to be specified as a Special Court for trial of the case under this Act. This provision merely means that offences under this Act are to be tried by a Court of Session and one of such Courts in each district is to be specified for trial of these cases.
(3.) THIS provision or any other provision does not provide for taking of cognizance by the Special Judges. Section 190, Cr. P. C. provides for taking of cognizance by Magis trates either on complaints or on police reports and also on information and his own knowledge. Additionally, Section 193 provides that except as otherwise expressly provided by this Code by any other law for the time being inforce, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by the Magistrate under this Code. The Court of Session is not only a Court specified in Section 190, Cr. P. C. as competent to take cognizance of an offence, but the provisions of Section 193, Cr. P. C. also forbid taking of cognizance by the Courts of Session unless there is specific provision empowering them to do so.;