Andhra HC (Pre-Telangana)
Mallela Peda Venkateswara Reddy @ Peda ... vs The State Sub Divisional Police ... on 26 October, 2004
Equivalent citations: 2005(1)ALD(CRI)670
ORDER C.Y. Somayajulu, J.
1. This petition is filed to quash the proceedings in PRC No.22 of 2000 on the file of the Court of Additional Judicial Magistrate of I Class, Kandukuru, registered under Section 3(1)(x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (the Act), and Section 447 IPC on the ground that the investigation was not conducted by the Officer of the rank of the Sub Divisional Police Officer, as mandated by Rule 7 of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (the Rules).
2. Since a reading of the charge sheet shows that the investigation was conducted by LWs.8 and 9 who are the Sub Inspectors of Police and that LW.10 i.e., Sub Divisional Police Officer only verified the investigation made by the Sub Inspectors of Police and filed charge sheet after finding it to be on proper lines, it is clear that the investigation was not actually conducted by an Officer of the rank of Deputy Superintendent of Police. Rule 7 of the Rules lays down that the investigation for offences under the Act shall be conducted by an Officer not below the rank of a Deputy Superintendent of Police. Mere verification of investigation, by any stretch of imagination would not be equal to conducting of the investigation by the said Officer. When the Rule mandates that investigation has to be done by an Officer not below the rank of a Deputy Superintendent of Police, investigation has to be done by such officer only, but not by an officer below the rank of such an Officer.
3. Since Rule 7 of the Rules is not followed, investigation stands vitiated, and so incorporation of Section 3(1)(x) of the Act in the charge sheet, is liable to be, and hence, is quashed.
4. In respect of the other offence i.e., offence under Section 447 IPC, I find no grounds to quash the said charge. Petitioners have to take trial in respect of the said offence.
5. In the result, the petition is allowed in part quashing incorporation of Section 3(1)(x) of the Act in the charge sheet. The learned Magistrate shall re-number P.R.C. 22 of 2000 as C.C. under Section 447 IPC and proceed with the trial of the case as per law.
6. Accordingly, the Criminal Petition is partly allowed.