Moly And Anr vs State Of Kerala

The Supreme Court held that a Special Court designated under Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is indeed a Court of Session, and thus, cognizance of offences under this Act cannot be taken without prior commitment from a Magistrate as per Section 193 of the Code of Criminal Procedure, 1973. The Court emphasized that the trial must follow the procedures laid out in Chapter XVIII of the Code, affirming the necessity of a proper inquiry before trial. The appeals were dismissed, upholding the lower courts' decisions.