D.N.PRASAD,J. - (1.) THIS application has been filed under Section 482, Cr. P.C. for quashing of the entire criminal proceedings including the order taking cognizance dated 1.3.2001 for the offence under Sections 323, 341, 147, 148, 149, 504 and 34, IPC and also under Sections 3 and 4 of Scheduled Castes and Scheduled Tribe (Prevention of Attrocities) Act, 1989.
(2.) IT is submitted on behalf of the petitioners that the Court below has committed error in transferring the case to the higher Court, although he has got no power to transfer the same as well as there was no such provision made out in the Code ofCriminal Procedure and it should have been committed to the Court of Special Judge, who is specially empowered to try the cases of Attrocities Act. It is further stated that this case has been registered due to animosity and with mala fide intention, which will be evident that a proceeding under Section 107, Cr. P.C. has already been initiated between the parties from before. From perusal of the impugned order, it appears that the Court below after taking into evidence of the three witnesses including the complainant in consideration and after perusing the same he took cognizance which does not appear to be interfered, at this stage, and accordingly he has rightly took cognizance for the same. Thus, I find no merit in this application, which is accordingly dismissed. However, there is a mistake in passing the order by transferring the case to the Court of Special Judge instead of committing to the Court of Special Judge. However, that would not vitiate or falsified the whole proceeding in this case.
(3.) WITH this observation, this application is dismissed.;