The Full Bench of the M.P. High Court in the matter
of Anand Swaroop Tiwari v. Ram Ratan Jatav and
others1996 MPLJ 141 relied upon the decision
of the Supreme Court
in A.R. Antulay (supra) and other decisions and in
the result, clearly held as under: “(
a) Special Courts under the Act are not to
function as Sessions Court, but as Courts ‘
of original jurisdiction’.
(b) Proceedings of Special Court are governed
by Section 190, Chapters XV, XVI (other than
Section 209) as also Chapters XIX and XX as
the case may be and such other provisions of
the Code as are not inconsistent with the
scheme and provisions of the Act, reading
“Special Courts” wherever the expression
“Magistrate” occurs.
(c) Section 193 of the Code of Criminal
Procedure does not apply to proceedings under
the Act and committal orders are not
required.
(d) Special Court can take cognizance on
private complaints after following the
procedure provided in the Code in relation to
private complaints.
(e) Where cognizance has already been taken
on the basis of committal orders in Police
challan cases, it is not necessary for the
Courts to retrace their steps or to take
cognizance afresh.
(f) Where cognizance has already been taken
on the basis of committal orders in private
complaint cases, the Special Courts may deal
with the cases as if they are dealing with
private complaints under Section 200 of the
Code.” {Para 30}
31.The decision rendered by the Full Bench of the M.P.
High Court in Anand Swaroop Tiwari (supra) has
further been followed by the M.P. High Court in the
matter of J.N. Fuloria v. Benibai and others 2000(1) MPLJ 459.
32.Thus, from the aforesaid proposition of law rendered
by the Supreme Court in A.R. Antulay (supra) and the
M.P. High Court in Anand Swaroop Tiwari (supra), it
is quite vivid that the Special Court constituted
under Section 14 of the Act of 1989 is the criminal
court of original jurisdiction and is not governed by
Section 193 of the Code, and the Special Court can
take cognizance in any of the circumstances referred
to in Section 190 of the Code and is governed by
Chapters XV & XVI of the Code and such other
provisions of the Code which are not inconsistent
with the status and functions as Courts of original
jurisdiction. Therefore, the Special Courts
constituted under the Act of 1989 will also have
power and jurisdiction to invoke Section 156(3) of
the Code to direct investigation in exercise of power
conferred, to the Station House Officer subject to
fulfillment of making two prior applications under
Section 154(1) and thereafter under Section 154(3) of
the Code by the complainant. As such, I do not find
any merit in the submission of learned Senior Counsel
for the petitioners that the Special Judge under SC &
ST Act has no power and jurisdiction to invoke
Section 156(3) of the Code and to direct registration
of FIR and investigation. Such a submission being
meritless and substanceless deserves to be and is
accordingly rejected.
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Misc Petition No.173 of 2018
Order delivered on:27-10-2020
Jaisingh Agrawal, Vs State of Chhattisgarh,
Coram: Hon'ble Shri Justice Sanjay K. Agrawal
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