BETHALAM SUBBARAO Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The relief sought for in this Writ Petition is to declare the action of the respondents in not expeditiously investigating Crime No.108 of 2013 of Chebrolu Police Station, pertaining to the hurt, intimidation and abuse of the petitioner in the name of his caste, even after six months as arbitrary and illegal.

(2.) The petitioner belongs to the Scheduled Castes. He filed the complaint, in Crime No.108 of 2013 dated 07.06.2013, alleging that he was assaulted and abused in the name of his caste by the accused on 14.04.2013. The jurisdiction of this Court has been invoked by him, by way of the present Writ Petition, alleging that, despite Rule 7(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 requiring investigation into offences, under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act), to be completed within thirty days, investigation in Crime No.108 of 2013 dated 07.06.2013 was not completed even by 31.12.2013.

(3.) In the counter affidavit, filed by the second respondent, it is stated that the Investigating Officer had obtained legal opinion from the Additional Public Prosecutor, Special Sessions Court for SC/ST cases, that the case be referred as false. A copy of the opinion of the Special Public Prosecutor is enclosed, along with the counter affidavit, wherein the evidence on record was analyzed and it was opined that, as per the evidence collected in the case, it could be referred as false.