9911796707
TMI Blog2004 (3) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... Act as a Court of original jurisdiction without the case being committed to it by a Magistrate. If that be so, there is no reason to think that the charge-sheet or a complaint can straight away be filed before such Special Court for offences under the Act. It can be discerned from the hierarchical settings of criminal courts that the Court of Session is given a superior and special status. Hence we think that the legislature would have thoughtfully relieved the Court of Session from the work of performing all the preliminary formalities which Magistrates have to do until the case is committed to the Court of Session. Section 5 of the Code cannot be brought in aid for supporting the view that the Court of Session specified under the Act obv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii), 3(1)(v) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act'). The Trial Court found the appellants guilty and imposed sentences. Appeal before the High Court did not bring any relief to them. The primary stand taken in this appeal is that the Trial Court could not have suo moto entertained and registered the complaint as a sessions case. Learned counsel for the respondent-State supported the judgment of the courts below stating that this plea is taken for the first time in this Court and was not taken before the Courts below. Pristine question to be considered is whether the Special Judge could take cognizance of the offence straight away without the case being comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is clearly distinguishable from inquiry. The word 'inquiry' is defined in Section 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court'. So the trial is distinct from inquiry and inquiry must always be a forerunner to the trial. The Act contemplates only the trial to be conducted by the Special Court. The added reason for specifying a Court of Session as a Special Court is to ensure speed for such trial. Special Court is defined in the Act as a Court of Session specified as a Special Court in Section 14 (vide Section 2(1)(d). 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 did Parliament p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and unambiguous terms. In other words, unless it is positively and specifically provided differently no Court of Session can take cognizance of any offence directly, without the case being committed to it by a Magistrate. Neither in the Code nor in the Act is there any provision whatsoever, not even by implication, that the specified Court of Session (Special Court) can take cognizance of the offence under the Act as a Court of original jurisdiction without the case being committed to it by a Magistrate. If that be so, there is no reason to think that the charge-sheet or a complaint can straight away be filed before such Special Court for offences under the Act. It can be discerned from the hierarchical settings of criminal courts that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into, tried and otherwise dealt with according to that statute, the same will have to be investigated, inquired into, tried and otherwise dealt with according to the Code of Criminal Procedure. In other words, Code of Criminal Procedure is the parent statute which provides for investigation, inquiring into and trial of cases by criminal courts or various designations. Section 5 of the Code cannot be brought in aid for supporting the view that the Court of Session specified under the Act obviate the interdict contained in Section 193 of the Code so long as there is no provision in the Act empowering the Special Court to take cognizance of the offence as a Court of original jurisdiction. Section 5 of the Code reads thus: 5.- Saving- Nothing c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the requirements of Section 193 of the Code were not met. Though the plea relating to lack of jurisdiction was not raised before the lower Courts, in view of the undisputed position on facts and inasmuch as a pure question of law without any factual controversy is involved, we feel interference on the facts of the case is called for. One more plea which was pressed by learned counsel for the appellants is that continuance of the proceedings before the appropriate Court in the manner prescribed in law would serve no useful purpose in view of the long passage of time. We do not find any substance in this plea. It is for the Competent Court to decide regarding the action to be taken next, after hearing both sides as provided in Section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
