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(1) Whether the Special Court constituted under Section 14 of the Central Act XXXIII of 1989 is empowered and competent to take cognizance of and to try, any offence other than an offence under the said Act with which the accused may, under the Criminal Procedure Code, be charged at the same trial.
(2) Whether the Hon'ble High Court itself had the power and is competent to vest and if so, the Circular order in Roc. No. 2582/SO/91, dated 12-2-1992 of Hon'ble High Court, issued in exercise of its powers under Section 407 of the Criminal Procedure Code vests such non-territorial jurisdiction upon such Special Court as stated in High Court's Rc. No. 2137/E-1/94, dt. 4-9-1996;
Thereafter, the High Court of Andhra Pradesh issued a Circular in Roc. No. 2582/SO/91, dated 12-2-1992, which reads as under:
"By virtue of Government's Notification second cited, three Special Courts for trial of offences under SCs & STs. (Prevention of Atrocities) Act, 1989, were established at Guntur, Chittoor and Mahabubnagar exclusively to try the offences under the said Act within their jurisdiction over the districts mentioned in the reference second cited.
The High Court in exercise of the powers conferred under Section 407, Cr.P.C., 1973 be and hereby permits all the Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges of the concerned districts mentioned in column No. 3 of the Notification enclosed herewith straightaway to transfer the cases filed under SCs and STs (Prevention of Atrocities) Act, 1989 including those cases filed under IPC which are punishable with imprisonment for 10 years or more in which SCs & STs are complainants and the accused do not belong to SCs. or STs. to the concerned Special Courts for trial of offences under SCs and STs (Prevention of Atrocities) Act, 1989 for disposal according to law. The Special Judges for trial of offences under SCs. and STs (Prevention of Atrocities) Act, 1989 at Guntur, Chittoor and Mahabubnagar are hereby directed to receive all the cases that are transferred to them by the said Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges mentioned supra and dispose according to law".

11. Thereafter, basing upon the judgment of the Kerala High Court, the High Court issued a Circular Roc. No. 1240/SO/93 dated 30-9-1993 on administrative side and informed all the Special Courts to take cognizance of the offences under the Act following the procedure as laid down in the decision of Kerala High Court without insisting on the Magistrate to follow the committal procedure as laid down under Sections 207 to 209 of Criminal Procedure Code, 1973.

12. As already stated, the learned Additional Sessions Judge doubted the competency of the High Court to issue such circulars either in administrative capacity or in exercise of jurisdiction under Section 407, Cr.P.C.

52. It cannot be said that the concerned Sessions Court designated as Special Court gets jurisdiction to try the offences under the Act merely because of the order of the High Court permitting the transfer of the case to the Special Court. We are of the view that the circular of the High Court has no bearing on the question whether the Special Court can straightaway take the cognizance of the offences without there being committal by the Magistrate. The High Court circular only makes it specific that consequent on the re-designation/reconstitution of the Special Courts by the State Government, the cases under the Act shall be transferred to the Courts invested with jurisdiction. The power of the High Court under Section 407 to transfer the case or classes of cases from one Criminal Court to another cannot be doubted. Such power can be exercised inter alia on the ground that it is expedient to meet the ends of justice. We should however make it clear that the words "straightaway transfer pending cases" cannot be construed to mean that irrespective of committal or otherwise, the cases should be transferred to be tried by the jurisdictional Special Court. While exercising powers under Section 407, Cr.P.C., the High Court cannot disregard the mandatory preconditions for taking cognizance of the offences.