1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1125/2010 Rajendrakumar Kanakraj Mehta V/s. State of Maharashtra through P.S.O. Shirpur, Tq. Wani, Dist. Yavatmal and anr. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Mr. M. P. Khajanchi, Advocate for applicant Mrs. K. D. Deshpande, APP for Respondent No.1 Coram: A.P. Bhangale, J Dated : 26th July 2011 1. Heard. 2. The applicant has questioned the validity and legality of the impugned order dated 15th June, 2010 whereby the learned Judicial Magistrate, First Class, Wani instead of committing the case to the Special Court constituted under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 himself issued process against the accused for the offence punishable under Section 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2 3. Learned advocate for the applicant has placed reliance upon the ruling in the case of Gangula Ashok & Anr. Vs. State of Andhra Pradesh reported in 2000 ALL MR (Cri) SC 1072, who submits that Special Court is essentially a Court of Session and it can take cognizance only when the case is committed to it by the Magistrate under Section 193 of the Code of Criminal Procedure, as observed by the Apex Court. 4. In view of the settled legal position, the impugned order suffers from legal infirmity and, it is therefore, set aside. The learned Judicial Magistrate, First Class, Wani is directed to apply his mind afresh to the complaint verification and pass an order according to law as observed in Gangula Ashoks & Anr case cited supra. 5. The application is disposed of. JUDGE Punde