P.K.TRIPATHY,J. - (1.)THOUGH this case under Section 482, Cr. P.C. has been heard along with a batch of cases involving the offences under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') but keeping in view the distinguishable facts involved in this case the Criminal Misc. case is disposed of by this separate Judgment.
(2.)THE two petitioners are accused nos. 8 and 9 in G.R.Case No. 132 of 1997 of the Court of Special Judge, Cuttack involving the offences under Sections 458, 342, 354, 380, 506/36 I.P.C. and Section 3 of the Act as per the impugned order of cognizance dated 20.8.1998. That G.R. case is pending in the court of Sessions Judge cum special Judge, Cuttack. As per the impugned order, upon receipt of the charge sheet submitted by the Officer in charge, Baramba Police station, learned Special Judge took cognizance of the aforesaid offences both under the Indian Penal Code and the Act. That order is challenged on the ground of falsity in allegations due to political rivalry, non availability of prima facie case for the offences punishable under Sections 354, and 506 I.P.C. and Section 3 of the Act and illegality in investigation having been done in breach of Rule 7 of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Rules, 1995 (in short 'Rules'). The State of Orissa i.e., the prosecution is opposite party No. I whereas the informant is the opposite party No. 2.
Since the application under Section 482, Cr.P.C is liable to be disposed of on legal issue, this Court does not propose to go into the facts involved in the case. It be noted here that Sri Abani Kumar Misra, Under Secretary to Government of Orissa, Home Department, Bhubaneswar, on 25.11.1999 filed an affidavit stating therein that because of dearth of Deputy Superintendents of Police (in short 'D.S.P.') and because of heavy pressure of work on the available D.S.Ps in the State, in a review meeting held on 4.9.1999 under the Chairmanship of the Principal Secretary to State of Orissa, Home Department, it was decided that the cases under the Act should be investigated by Sub Inspectors/Inspectors of Police and charge sheets should be submitted by D.S.Ps. At the stage of hearing of this application along with batch of cases, on 21.3.2001, another affidavit was filed by Sri Dwijabar Dalai, Under Secretary to Government of Orissa, Home Department, stating therein that the State Government regrets about the stand taken by the State Government in the above noted affidavit dated 25.11.1999. It is also stated; therein that in due obedience and compliance to the provision of law, the State Government has issued an order vide letter No. 55674 dated 23.9.2000 directing the Director cum Inspector General of Police, H.R.P.C. Orissa, Cuttackthat D.S.Ps in the State shall conduct investigations. A copy of that letter has been appended to that affidavit.

(3.)IT is not disputed at the bar that in the case of Gangula Ashok and Anr. v. State of A.P. (2000) 18 OCR (SC) 364, the Apex Court, has propounded in paragraph 16 of the said judgment that:
'16. Hence we have no doubt that a Special Court under this Act is essentially a Court of Session and it can take cognizance of the offence when the case is committed to it by the Magistrate in accordance with the provisions of the Code. In other words, a complaint or a charge sheet cannot straightaway be laid before the Special Court under the Act.'