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Judgment
The order passed by the Session Judge in Criminal Revision No. 44 of 2011 on 16.03.2011 is under challenge. Further the petitioner has challenged the
order dated 05.03.2011 passed in C.P. Case No 1731 of 2010.
Case of the petitioner is that there are sufficient materials to take cognizance under the provisions of S.C. & S.T. (Prevention of Atrocities) Act but
the court below has only taken cognizance under the provisions of the I.P.C.
After going through the impugned order, I find that court below has taken cognizance of offences punishable under Section 147, 148, 451, 379, 385,
427 and 504 of the I.P.C. Since the court below did not take cognizance under the special act, complainant has approached this Court by filing this
criminal miscellaneous petition. The records clearly suggest that the court below has applied his mind and passed the order taking cognizance. The
Revision Court has also gone through the materials and concurred with the finding of the magistrate while disposing of the Revision on 16.03.2011.
The Revision court has also given the following observation in the last lines of the impugned order dated 16.03.2021:-
......The Complainant shall got opportunity to adduce evidence during trial or in a warrant trial before a charge and if the evidence so adduce would
constitute further offences, he shall be at liberty to file petition for amendment in the charge. If, at that juncture, he would feel dissatisfied, he may
seek assistance of the appellate court. With this observation, this Cr. Revision is disposed of at the Admissions stage itself.
In opinion of this Court, the Revisional Court has taken the correct approach.
If some materials come in future during evidence it is well within the jurisdiction of the Court to take cognizance of those materials.
Thus at this stage, I am not inclined to interfere with the impugned order. This application thus stands dismissed.