JUDGMENT - PATEL J.N., J.:---Heard the learned Counsel for the parties and the learned A.P.P. for the State. 2. The complainant-Smt. Dhrupadabai wd/o Ananda Labade filed complaint against the applicants in Criminal Application No. 154 of 1995 and others, for having committed offence under sections 147, 148, 149, 323, 392, 395, 427, 454, 506 of Indian Penal Code, read with sections 3 and 10 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in the Court of Judicial Magistrate, First Class, Pusad. The learned Magistrate, after recording the verification of the complainant, postponed the issue of process under section 202 of the Code of Criminal Procedure and directed the Police to make an investigation and submit report under section 156(3) of the Criminal Procedure Code. On receipt of the order on 7-10-1994 along with the documents, the learned Magistrate was satisfied and found that summons can be issued to the original accused Nos. 1 to 5 for having committed offences as complained of, but refused to take cognizance and issue process against the original accused Nos. 6 to 17 on the ground that they are public servants and no sanction to prosecute them has been obtained. 3. There is no dispute as to the fact that the complaint has been filed by Smt. Dhrupadabai against the accused persons for having committed offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and, therefore, the learned Magistrate who issued the summons against the accused was not competent to do so as it is not the Judicial Magistrate, First Class, who is competent to try the case, but a Special Court constituted under section 14 of the said Act and, therefore, the learned Magistrate ought to have returned the complaint for presentation to the proper Court with an endorsement to that effect. As this position in law is not disputed, the proceedings before the learned Magistrate after filing of the complaint and the orders passed by him will have to be held to be invalid for want of jurisdiction as non est, and, therefore, the prayer of the applicants in Criminal Application No. 154 of 1995 to quash the order dated 3-12-1994 passed below Exh. 1, issuing process, is allowed and impugned order is quashed and set aside. 1, issuing process, is allowed and impugned order is quashed and set aside. Similarly, the grievance of the applicant made in Criminal Revision Application No. 44 of 1995 would not survive as the order refusing to issue process against some of the accused holding them to be public servants, will also be required to be quashed and set aside, leaving the matter to the Special Court to proceed in accordance with law, before whom the parties will be entitled to raise all objections and contentions, on such complaint being transferred to it by the Magistrate. Therefore, this Court directs the J.M.F.C., Court No. 1, Pusad, in whose Court the complaint filed by Smt. Dhrupadabai is pending, to pass necessary orders in terms of section 201(a) of the Criminal Procedure Code. The complainant is directed to appear before the Judicial Magistrate, First Class, Court No. 1, Pusad, on 3rd of August, 1999, and seek proper directions. Rule is made absolute in the aforesaid terms. Copy of the order be sent to the trial Court. Rule made absolute. -----