POONAM SRIVASTAVA, J. - (1.) HEARD Shri L.S. Yadav Counsel for the applicant and learned A.G.A.
(2.) THE prayer in this application is to quash the order dated 18 -6 -2005 vide annexure No. 1 to the affidavit filed in support of this application. On 14 -6 -2005 certain altercation took place between nephew of the complainant and the applicant -Ram Bachan Yadav. The cross cases were instituted which resulted in institution of NCR No. 46 of 2005 at the instance of the opposite party No. 2. Subsequently, an application was moved under Section 155(2) Cr PC. Learned Magistrate accepted the application and directed the concerned police station to investigate the matter. This order is impugned in this application whereby the police was directed to investigate the matter under Sections 147, 279, 392, 323/34, 504, 506 IPC read with Section 3(1)(X) SC/ST Act.
(3.) THE objection raised on behalf of the applicants is that the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, (“hereinafter referred to as the SC/ST Act”) is a Special Act and, therefore, the permission to investigate the matter under Section 155(2) Cr PC vests with the Special Court alone and only the prosecutors appointed under Section 15 of the said Act, are entitled to prosecute on behalf of the State.;