- (1.) Respondent No. 1 has already been proceeded against exprate.
(2.) This revision petition under Section 482 Cr.P.C. has been filed for quashing the complaint titled as Praveen Bala v. Mandhir Singh and others as well as summoning order dated 27.11.1997 passed by Special Judge, Jalandhar under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") and the proceedings pending therein.
(3.) Counsel for the petitioners contended that respondent No. 2, Praveen Bala was not competent to file the complaint under Section 3 of the Act directly before the Special Judge which is Court of Sessions and should have filed the complaint with the Illaga Magistrate and as such, the summoning order dated 27.11.1997 passed by the Special Judge, Jalandhar was illegal. For this contention, he placed reliance on the authority of this Court i.e. Avtar Singh v. State of Punjab, 2001 2 RCR(Cri) 67 (Pb. & Hry.)], which supported the above contention of the learned counsel for the petitioners. It has been held by the Hon'ble Apex Court in Gangula Ashok and another v. State of A.P., 2000 1 RCR(Cri) 797(SC) (SC)] as under : "Thus the Court of Session is specified to conduct a trial and no other court can conduct the trial of offences under the Act. Why the Parliament provided that only a Court of Session can be specified as a Special Court ? Evidently the legislature wanted the Special Court to be Court of Session. Hence, the particular Court of Session, even after being specified as a Special Court, would continue to be essentially a Court of Session and designation of it as a Special Court would not denude it of its character or even powers as a Court of Session. The trial in such a court can be conducted only in the manner provided in Chapter XVIII of the Code which contains a fasciculos of provisions for "Trial before a Court of Session." In this view of the matter, the complainant could not have filed the complaint directly in the Court of Special Judge (Court of Session). It was supposed to be presented before the Magistrate.;