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Special Courts under SC – ST has power to direct registration of FIR

Though the people belonging to categories of Schedule Caste and Schedule Tribe are subject to certain reservation in various institution and enjoy various benefits, they are still opposed by people belonging to higher caste as these atrocities will never be vanished considering the mindset of people.
Recently the Chhattisgarh High Court held that the special courts constituted under S.14 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities Act) has power and jurisdiction of invoke provisions contained in S.156(3) of the CrPC and direct for registration for FIR and investigation. A petition was filed challenging that court has no power and jurisdiction to invoke S.156(3) of the Code of Criminal Procedure.

The court stated that the special court having established under S.14 of the act by notification has power and jurisdiction to take cognizance of offense under provision of Act of 1989 without committal proceedings and Magistrate was not a special court notified by the state government within the meaning. The court noted that there is total non-compliance of S.154(1) and 154(3) of the code. In order to file a duly competent application under S.153(3) of the code there has to be prior existence of application. Necessary documents to that effect has to be filed in order to make an application. This was the decision laid down by the court while quashing the order passed by Special Judge. Such a submission being meritless and substance less deserves to be and is accordingly rejected.

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