PALSHIKAR, J. - (1.) -This is a petition under Sec. 482 of the Code of Criminal Procedure, 1973 challenging the order passed by the learned Magistrate taking cognizance of an offence punishable under the SC/st Act, 1987.
(2.) THE challenge is that all offences under the Act are trivial exclusively by a Special Court which is a court of Sessions nominated as a Special Court under the provisions of Sec. 14 of the Act and therefore, no cognizance of any such offence can be taken by any other court and the Special Court mentioned in the Sec. 14 of the Act. A Full Bench of this Court was constituted to consider all possible angles of the various submissions made in this regard and it has been held by the Full Bench that there is nothing in the Act to prohibit any other judicial officer competent under the Criminal Procedure Code from taking cognizance of any offence punishable under the Act. Consequently in this case, the order of the learned Magistrate taking cognizance is perfectly valid, legal and with jurisdiction, therefore, no interference with the same is called for. The petition is therefore, rejected. It will be seen that the petition is pending for the last several months for adjudication of the aforesaid question and factually, the purpose for which a Spe-cial Court was created under Sec. 14 of the Act was defeated. It is therefore, directed that the learned Magistrate will proceed with the case as expeditiously as possible so as to achieve the purpose of Act. Wherever, the learned Judge finds that the presence of the accused is to be required. He may issue summons for requiring such presence in the first instan-ce. If the accused do not appear in pursuance to such summons, the learned Judge may issue bailable or non-bailable warrant for production of such accused as the circumstances of the case may require.
(3.) WITH these observations, the petition is disposed of. .;