HON’BLE SRI JUSTICE B. SESHASAYANA REDDY Crl.R.C.No. 109 of 2009 O R D E R: This Revision is directed against the order, dated 19.01.2009 passed in Crl.M.P.No.250 of 2008 in S.C. No. 123 of 2007 on the file of the Special Sessions Judge for Trial of Cases under SCs & STs (Prevention of Atrocities) Act, 1989 at Khammam, whereby and whereunder the learned Special Sessions Judge dismissed the Application being Crl.M.P. No. 250 of 2008 in S.C. No. 123 of 2007 filed under Section 227 of the Code of Criminal Procedure. Notice before admission came to be ordered on 03.02.2009. Despite notice being served on the 2nd respondent vide memo of proof of service, dated 30.06.2009 filed by the petitioner, he did not choose to enter appearance. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the 1st respondent-State. With the consent of the parties, the revision case is taken up for final disposal at the admission stage. The petitioner is the accused in Crime No. 56 of 2003 of Enkoor Police Station, registered for the offence under Section 3(1)(x) of SCs and STs (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’). The Committal Court i.e. I Additional Judicial Magistrate of I Class, Kothagudem, following the provisions of the Code of Criminal Procedure, 1898 (old) committed the accused for trial to the Sessions Division, Khammam. On committal, the learned Special Sessions Judge for Trial of Cases under SCs & STs (prevention of Atrocities) Act, 1989, took the case on file as S.C. No. 123 of 2007. The petitioner-accused moved Crl.M.P. No. 250 of 2008 seeking discharge on the ground that the committal of the case under the Code of Criminal Procedure, 1898 (old) is not legal and proper and, therefore, he is entitled to be discharged for the offence under Section 3(1)(x) of the Act. The Special Sessions Judge, on hearing the prosecution and the accused, proceeded to dismiss the Application, by order, dated 19.01.2009. The said order is assailed in this Revision. Learned counsel appearing for the petitioner submits that by virtue of G.O.Ms. No. 41, Law (L.A. & J. Home-Courts-B), dated 25.03.2004, the provisions of the Code of Criminal Procedure, 1973 are made applicable to tribal areas and, therefore, the Committal Court has to follow the provisions of the Code of Criminal Procedure, 1973. In support of his submission, he placed reliance upon the order passed in Writ Petition (Civil) No. 324 of 2003 – A. Sadguru Prasad v. State of A.P. & others, dated 02.04.2004, wherein it is held as hereunder: “ Learned Attorney General has filed a notification dated 25th March 2004 published in the Gazette of the Government of Andhra Pradesh. The same is taken on record. By this notification, in exercise of powers conferred by sub-paragraph (1) of Paragraph 5 of the Fifth Schedule to the Constitution of India and sub-section (2) of Section 1 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Governor of Andhra Pradesh has directed that the entire Code of Criminal Procedure, 1973 as amended shall apply to all the tribal areas in the State retrospectively from 11th March 2004. The G.O.Ms. No. 33, Law (LA & J. Home (Courts.B) Department, dated 11th March 2004, which was published in Part I Extraordinary issue of the Andhra Pradesh Gazette, dated 11th March 2004 has been amended as follows: “ In the said Government Order, in the Notification for the expression” the provisions of Section 167(2)(a), Section 374(2) and (3), Sections 428, 438 and 468 of the Code of Criminal Procedure, 1973” the expression “the Code of Criminal Procedure, 1973” shall be substituted.” In view of the above amendment, we hereby direct that the State Government shall take consequential steps for its enforcement. This Writ Petition stands disposed of in the aforesaid terms. Andhra Pradesh High Court who shall circulate it to all the subordinate Courts in the State for necessary action and also give its wide publicity through the media.” Learned Additional Public Prosecutor does not dispute the factual aspect of the Code of Criminal Procedure, 1973 being extended to tribal areas. The Committal Court committed the accused to the Sessions Court, after G.O.Ms.No.41, dated 25.03.2004 came into force, but following the old Code of Criminal Procedure. Once Government issued G.O.Ms.No.41, making the Code of Criminal Procedure, 1973 applicable to agency areas, the Committal Court has to follow the provisions of the Code of Criminal Procedure, 1973. In that view of the matter, the committal order passed by the I Additional Judicial Magistrate of I Class, Kothagudem, committing the accused to the Sessions Division, Khammam, for trial is hereby set aside. The Committal Court has to follow the provisions of the Code of Criminal Procedure, 1973 and commit the case. The Criminal Revision Case is accordingly disposed of at the admission stage. ------------------------------------ (B. SESHASAYANA REDDY, J) 2nd September 2009 ksld