JWAHIR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) What will be the effect and consequence of carrying out investigation by an unauthorized police officer for the offences under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (in short, 'the SC/ST Act'), is the only legal question that falls for consideration in this application under section 482 of the Code of Criminal Procedure (in short, 'the Cr.P.C,') by means of which, order dated 06.03.2009 passed by the Special Judge1. SC/ST Act, Varanasi in ST. No. 623 of 2003 under sections 452, 323, 504, 506-IPG and Section 3(1)(X) SC/ST Act, P.S. Cholapur, District Varanasi has been challenged. By the impugned order, application of the applicants- accused for quashing the proceeding of the Session Trial and sending the matter back to the lower court for further action has been rejected.

(2.) Shorn of unnecessary details, the facts leading to the filing of this application, in brief are that a case under sections 452, 323, 504, 506 IPC and Section 3(1) (X) SC/ST Act was registered at case crime No. C-1/1996 at P.S. Cholapur, District Varanasi on the basis of the FIR lodged by Swarup Ram (O.P. No. 2 herein) against the applicants and other accused. After investigation, charge-sheet was submitted under aforesaid sections and on the case being committed for trial, ST. No. 623 of 2003 was registered. After framing charges, the applicants-accused moved an application (paper No. 21-B) in the Court of Special Judge, SC/ST Act, Varanasi for quashing the proceeding of the case under SC/ST Act and sending the file to lower court for further action. This application has been rejected vide impugned order, which has been challenged in this proceeding under section 482 Cr.P.C.

(3.) I have heard arguments of Sri S.D. Ojha, Advocate appearing for the applicants and AGA for the State.