M KATHIRESAN Vs. STATE

JUDGEMENT

(1.) The petitioner/accused in Calendar case No. 220 of 1998 on the file of IV Additional District Judge, Madurai has preferred the petition under Section 482 of the Code of Criminal Procedure to quash the proceedings pending against him.

(2.) The case in brief is as follows : on 20-9-1994 a case was registered against the petitioner and 16 others by the respondent for the alleged offences punishable under Sections 147, 148, 427, 354, 506(ii) of the Indian Penal Code and Section 3(1)(X)(XI) of Scheduled Castes and S.T. Act, 1989 in crime number 241 of 1994. The complaint is false and frivolous. The respondent, viz., the Inspector of Police has no power to investigate the matter as per Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Rules (sic). The rule clearly says that only Deputy Superintendent of Police can investigate and file a final report for the offences arising out of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The rule is mandatory. The charge sheet has already been filed by the Inspector of Police who has no power to investigate. It is bad in law and liable to be quashed in the interest of justice. The respondent has filed the charge-sheet without jurisdiction and contrary to law.

(3.) Heard the learned counsel on both sides.