Special Judge Dacoity Affected Area vs State Of Rajasthan on 6 December, 1989
A perusal of Section 8 of the Act 1986 shows that it has various clauses for various purposes and, therefore, unless there is paraphrasing of the same it will be difficult to make out a scene. In Sub-section (1) of Section 8 of the Act of 1986, Special Court has been given the same powers as have been given to a Magistrate under Section 190 Cr.P.C. in respect of a scheduled offence. I have already mentioned above that scheduled offence would mean the scheduled offences as I have interpreted in Jabbar v. State of Rajasthan 1987 WLN(UC) 599 hence the interpretation is being given keeping in mind the judgment in Jabbar v. State of Rajasthan (supra) The words used by the Legislature in this section is: (a) a special court; (b) may take cognizance, (c) of any scheduled offence. There is no difficulty about (a) and (c), but only interpretation will be required the word 'may take cognizance whether the word 'may' would exclude any other court for taking cognizance in respect of the scheduled offence or only enable the Special Court also to take cognizance i.e. to say that the Special Court as well as may other ordinary court has the jurisdiction to take cognizance in respect of scheduled offence in dacoity affected area or it is only the Special Court which can take cognizance of any scheduled offence. This has to be read along with Section 7 where exclusive jurisdiction has been given to the Special Court for trying Scheduled offences where the word 'trial shall be given such a wide interpretation so as to cover even an act of taking cognizance or an enquiry in the case. Before expressing final opinion it will be purposeful to refer to other provisions of this section also. Sub-section (2) of Section 8 of the Act of 1986 lays down the procedure. According to this subsection while holding the trial of a scheduled offence by the Special Court the Judge shall follow the same procedure which is given in the Code of Criminal Procedure laying a Sessions Case. For trying all cases which are scheduled offence the procedure or Sessions trial as given in Code of Criminal Procedure shall be followed. How ever, the legislature added a proviso to this and, therefore, this sub-section cannot be read as a law laying down general preposition. According to the provision the Special Court has been given a discretion to perform the function of a Magistrate under Section 207 Cr.P.C. wherever necessary and if, the court chooses to perform that function.