Karnataka High Court
State vs Smt. D. Jayamma And Anr. on 27 May, 2002
Equivalent citations: 2002CRILJ3872, 2002 CRI. L. J. 3872, 2002 AIR - KANT. H. C. R. 2424, (2002) ILR (KANT) (3) 3433, (2002) 4 RECCRIR 727, (2002) 3 CURCRIR 514, (2003) 1 ALLCRILR 497
Author: K. Sreedhar Rao
Bench: K. Sreedhar Rao
ORDER K. Sreedhar Rao, J.
1. This revision petition is filed by the State under Section 397 r/w Section 401 of the Code of Criminal Procedure. Against the respondents, a charge-sheet was filed in Spl. C.C. No. 41/2001 alleging commission of offences punishable under Sections 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Act") and under Section 506, IPC etc.
2. Before the Special Court, the respondents-accused contended that the investigation has not been conducted as required under Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, (hereinafter referred to as the "Rules"). Rule 7 of the Rules reads thus :-
Rule 7 : Investigating Officer :
1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government/Director General of Police/Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it along with right lines and within the shortest possible time.
2) The investigating officer so appointed under sub-rule (1) shall complete the investigation on top priority basis within thirty days and submit the report to the Superintendent of Police who in turn will immediately forward the report to the Director General of Police of the State Government.
3) The Home Secretary and the Social Welfare Secretary to the State Government, Director of Prosecution/the officer in charge of prosecution and the Director General of Police shall review by the end of the every quarter the position of all investigations done by the investigating Officer.
3. No doubt in the instant case, the Inspector of Police has conducted the investigation and laid the final report. The provisions of Rule 7 of the Rules are mandatory. Only a Police Officer not below the rank of a Deputy Superintendent of Police so appointed by the order of the State Government/Director General of Police/Superintendent of Police is empowered to investigate the case arising under the Act. In the instant case, there is complete breach of the requirements of Rule 7 of the Rules. The investigation conducted by the Sub-Inspector of Police is without jurisdiction arid the entire investigation is a nullity. Therefore, I do not find any merit in the revision petition filed by the State. However, it is observed that it is permissible for the investigating agency to conduct the investigation afresh and lay the charge-sheet in accordance with law. Accordingly, the revision petition is dismissed.