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2018 DIGILAW 1031 (KER)

Baiju v. State of Kerala

2018-12-11

B.SUDHEENDRA KUMAR

body2018
ORDER : 1. The petitioners are the accused in C.P. No.19 of 2018 on the files of the court of the Judicial Magistrate of First Class -1, Attingal. 2. The petitioners have filed this Crl.M.C. praying for quashing the complaint and further proceedings against the petitioners in the above said case. 3. Heard both side. 4. The only grievance of the petitioners is that the learned Magistrate had taken cognizance for the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST Act’), even though the learned Magistrate had no jurisdiction to take cognizance in view of the 2nd proviso to Section 14 of the SC/ST Act as amended by Amendment Act, 2015, which came into force with effect from 26.1.2016. The complaint was filed before the court only on 27.9.2016, which was subsequent to the incorporation of the above said proviso in the SC/ST Act. 5. Proviso two to Section 14 of the SC/ST Act provides that the special courts established under Section 14(1) of the SC/ST Act shall have power to directly take cognizance for the offence under the SC/ST Act. 6. In view of the above provisions, which came into force with effect from 26.1.2016, the learned Magistrate had no jurisdiction to take cognizance for the offences under the SC/ST Act with effect from 26.1.2016. Annexure -A4 complaint was filed before the court on 27.9.2016 and the court below had taken cognizance for the offence under the SC/ST Act only on 28.6.2018, which was subsequent to the above said amendment. In the said circumstances, the order of the court below taking cognizance cannot be sustained. Consequently, I set aside the same and direct the learned Magistrate to return the complaint to the 4th respondent, who is the complainant before the court below, to enable the 4th respondent to present the complaint before the Special Court concerned, in accordance with law. In the result, this Crl.M.C. stands disposed of as above.