STATE Vs. D JAYAMMA

JUDGEMENT

(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 :

(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 and 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. Petition dismissed.