PANCHABHAI BECHARBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Panchabhai Becharbhai Makwana, the petitioner, who is present in the court and Mr.Kogje, Ld.APP for the respondent State and Mr.Barot with Mr.Munshaw for respondent No.2 and Ms.Raval for the respondent No.3 and also perused the record and proceedings called for by this court by earlier order.

(2.) The petitioner has preferred this petition challenging the order passed by the Ld.Magistrate of accepting B summary report and its confirmation thereof by the Ld.Extra Assistant Judge and Special Judge whereby the report of the police concluding that the false complaint filed is accepted. However, in the said report, it was prayed by the police to initiate prosecution against the complainant, but the said prayer of the police is not granted by the Ld.Magistrate and the Ld.Extra Asst.Judge & Special Judge has also not interfered with the same and it is under these circumstances the petitioner has preferred the present petition.

(3.) The contention raised by the petitioner is that there was no power with the Police Inspector to investigate into the matter and even as per the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as "the Act") the investigation is to be carried out by an officer not below the rank of Dy.S.P. It has also been submitted by the petitioner that the investigation is made by the officer who is lower in cadre in comparison to the status of the accused No.1 who was Dy.Collector at the relevant point of time, and therefore, it can not be said that the investigation is properly carried out. It has also been submitted by the petitioner that there is no past record of any criminal activity of the petitioner and the petitioner is aged 72 years by now and there is no reason to disbelieve the statement given by the petitioner as stated in the complaint. Therefore, it has been submitted that the acceptance of B Summary report made by the police deserves to be rejected and the process deserves to be issued.