THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1977 of 2010 Dated:29th October, 2010 Between: 1. Apathi Prabhakara Naidu & Ors. .....Revision Petitioners/Accused AND 1. The Sub-Inspector of Police, Nandivargam P.S., rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1977 of 2010 ORDER: This Criminal Revision Case is directed against order dated 24.06.2010 passed in PRC No.30 of2010 on the file of the Judicial Magistrate of First Class, Banaganapalle, whereby and whereunder the learned Magistrate converted the C.C. into P.R.C. and committed the same to the Special Sessions Court for trial of offences under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’). 2. Heard learned counsel appearing for the revision petitioners and learned Additional Public Prosecutor appearing for the 1st respondent/State. 3. Learned counsel appearing for the petitioners submits that the police after due investigation filed charge-sheet and the learned Magistrate took cognizance of the same for the offences under Sections 147, 148, 324 r/w.149 IPC and having taken cognizance for the said offences, it is impermissible for the learned Magistrate to take cognizance for the offences under the Act and to convert the C.C. into P.R.C. In support of his contention, learned counsel placed reliance on the judgment of the Supreme Court in Sohan Lal v. State of Rajasthan[1], wherein it has been held that when the accused were discharged of all the charges and no charge existed against them, naturally an application under Section 216 Cr.P.C. was not maintainable. 4. Such is not the situation in the case on hand. The learned Magistrate after recording the evidence of PW.1 to PW.3, came to the conclusion that their evidence discloses the offences under the provisions of the Act are exclusively triable by a Special Sessions Judge, and therefore, he converted the C.C. into PRC and committed the same to the Special Sessions Judge for trial of Cases under the Act. 5. Under Section 323 of the Code of Criminal Procedure, the Magistrate is empowered to commit the case to the Sessions Court when it appears to him that the case is one which ought to be tried by the Court of Session. Therefore, the order passed by the learned Magistrate converting the C.C. into the P.R.C. and committing the same to the Special Sessions Judge for trial of cases under the provisions of the Act cannot be held to be illegal or improper. 6. In view of the above, I find that the revision case is devoid of merits and accordingly, the same is hereby dismissed at the admission stage. ______________________ B.SESHASAYANA REDDY, J. Date:29th October, 2010. cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1977 of 2010 Dated:29th October, 2010 [1] AIR 1990 S.C. 2158