EASWARAMOORTHY Vs. STATE

JUDGEMENT

(1.) THE petitioners seek to quash the proceedings in S.C.No.265 of 2001 on the file of the learned Principal District and Sessions Judge, Coimbatore on the only ground that the complaint lodged against the petitioners in Crime No.939 of 1995, for alleged offences punishable under Secs. 14, 148, 324, 506(ii), I.P.C. and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, had been investigated by an Inspector of Police instead of an Investigating Officer not below the rank of Deputy Superintendent of Police as contemplated under Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as the "Rules").

(2.) ADMITTEDLY, in the instant case, the alleged complaint was investigated by the Inspector of Police contrary to Rule 7 of the Rules, which reads as follows: 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 within the shortest possible time. (2) The Investigating Officer so appointed under Sub-rule (1) shall complete the investigation on top priority 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 every quarter the position of all investigations done by the investigating officer.

(3.) THE same view has also been taken by the Orissa High Court in Jhula Behera alias Dalai and another v. State of Orissa, (2000) 2 Crimes 385.