TUTU ALIAS BHARATENDU BAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this petition under Section 482, Cr.P.C. the petitioners who figure as accused persons in G.R. Case No. 419 of 2001 of the Court of S.D.J.M., Angul corresponding to Angul P.S. Case No. 98 of 2001 for their alleged involvement in the commission of offences under Sections 452, 294, 323, 427, 354, 506 read with Section 34, I.P.C. and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have for quashing the proceeding.

(2.) The case against the petitioners is that on 24-5-2001 at about 4.00 p.m. the petitioners came to the house of the informant and called his cousin Baidyanath Biswal in a threatening voice. The informant came out of his house to ascertain the reasons, but the petitioners scolded him in filthy and derogatory language touching his caste. When he protested against such action of the petitioners, they forcibly entered into his house and one of them assaulted him by means of a iron rod. When the mother of the informant interfered, she was assaulted by one of them. The wife of the informant was also dragged out of the house. The motor cycle of the informant was damaged by hitting it by means of iron rods and lathies. They also threatened to take away the life of the informant. On the above information, the aforesaid P.S. Case was registered by the O.I.C., Angul Police Station and the matter is under investigation.

(3.) The petitioners challenge the legality of the proceeding contending that since Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules envisages that the offences under the S.C. and S.T. (Prevention of Atrocities) Act shall be investigated by the police officer not below the rank of D.S.P., the investigation of the same by the O.I.C. who is neither an officer of the rank of D.S.P. nor is appointed by the authority envisaged under the rules is illegal and as such the investigation is liable to be quashed. For better appreciation, Rule 7 of the S.C. and S.T. (Prevention of Atrocities) Rules, 1995 is quoted below :- Investigating Officer :- (1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government/Director General of Police/Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it along with right lines within the shortest possible time. (2) The investigating officer so appointed under sub-rule (1) shall complete the investigation on top priority within thirty days and submit the report to the Superintendent of Police who in turn will immediately forward the report to the Director General of Police of the State Government. (3) The Home Secretary and the Social Welfare Secretary to the State Government Director of Prosecution, the officer in-charge of Prosecution and the Director General of Police shall review by the end of every quarter the position of all investigations done by the investigating officer."