MOLY 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 essentially a Court of Session and must follow the procedures outlined in the Code of Criminal Procedure, 1973, particularly Section 193, which prohibits a Court of Session from taking cognizance of an offence without prior commitment by a Magistrate. The Court found that the Trial Court's suo moto cognizance was improper, leading to the appeal being allowed and the convictions set aside. The judgment clarifies the distinction between 'trial' and 'inquiry' as per the definitions in the Code.