A SASIKUMAR Vs. SUPERINTENDENT OF POLICE VILLUPURAM

JUDGEMENT

(1.) HEARD both counsel. A complaint was given by the petitioner on 22.10.1996 to the S.I. of Police, P.R.C. Wing, Cuddalore for the alleged offences under Sections 294, 323, 506 (II) of I.P.C. and also the offences under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989). After registering the case by the S.I. of Police, P.R.C. Wing, Cuddalore, he later transferred the F.I.R. to the Inspector of Police, Virudhavhalam Police Station, who registered the case in Crime No. 768 of 1997 on the file of Virudhachalam P.S. The learned Government Advocate stated that after investigation by the Inspector of Police, Virudhachalam P.S. the case was referred as mistake of fact. Notwithstanding the investigation and final report of the Inspector of Police I am of the view that he has no jurisdiction or power to investigates the matter because it involves the commission of the offience under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989).

(2.) RULE 7 of Schedules Castes and Scheduled Tribes (Prevention of Atrocities) RULEs, 1995 states as follows:-