D.VAMSEEDHAR REDDY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition for quash the First Information Report registered by the respondent police in Crime No.1 of 2020 against the Then Superintendent of Police, Yanam, Puducherry.

(2.) The case of the petitioner is that on 25/6/2020 in C.C.No.48 of 2015 investigated by the Yanam Police in Crime No.5 of 2015, the Judicial Magistrate, Yanam, passed a docket order wherein he had directed the Investigating Officer in Crime No.5 of 2015 to initiate the proceedings under Sec. 4(1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Ss. 217 and 218 of IPC against the petitioner herein. According to the Judicial Magistrate, he was prima faciely satisfied with the material collected during the course of investigation make out offence under the provision of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. However, the Investigating Officer (petitioner herein) has failed to conduct the investigation properly. Pursuant to this docket order, the Bench Clerk of the Court has given a complaint and the same was registered against the petitioner herein in Crime No.1 of 2020, which is now sought to be quashed under Sec. 482 of Cr.P.C.

(3.) The prime contention raised by the learned counsel appearing for the petitioner is that, Sec. 4 (2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, contemplates Administrative Enquiry before initiating prosecution, only after due enquiry, proceeding for prosecution against a public servant, who has neglected in discharging his duty can be initiated. Whereas, inspite of the specific direction by the Judicial Magistrate in his order dtd. 25/6/2020 to deal with the matter against the petitioner herein in accordance with the provision of Sec. 4(2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, no administrative enquiry was conducted. Criminal case has been registered because the complaint received from the Bench Clerk of the Judicial Magistrate Court, ignoring the statutory procedure, which mandates recommendation of an administrative enquiry.