MANOJ KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner is one of the accused persons in G.R. Case No. 15 of 1995 of the Court of Addl. Sessions Judge -cum -Special Judge, Nuapada. He challenges the order of taking cognizance by the Special Judge and framing of charge and taking of the case for trial without an order of commitment. Petitioner also challenges illegality in investigation, that having been made by a police officer not appointed in accordance with Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (in short, 'the Rules"). Because of the aforesaid contention, this case was heard along with a batch of cases involving similar legal issues, but separate judgments have been delivered in each of such cases. It be noted that both the parties consented for disposal of the proceeding at the stage of admission.

(2.) Before taking into consideration the above noted legal issued, facts which are relevant for the purpose is noted as hereunder.

(3.) So far as the contention relating to investigation having not been conducted by a Deputy Superintendent of Police in accordance with provision in Rule 7 of the Rules, according to the Petitioner, the charge -sheet is liable to be quashed. The aforesaid contention of the Petitioner has no leg to stand in view of the fact that the aforesaid Rule came into force with effect from 31.3.1995, having been published in the Gazette of India of that date, and admittedly the investigation was completed by 8th March, 1995. Under such circumstance, Rule 7 of the Rules cannot be enforced in this particular case. Sec. 9 of the Act also does not invalidate investigation made by an officer below the rank of Deputy Superintendent of Police inasmuch as, according to the provision in that Sec. the discretion was left with the State Government to notify and authorise any officer or a class of officers, the power of investigation into a particular case or a group of cases or class of cases, and nothing is placed on record that the State Govt. had notified any class of officers to investigate into cases under the Act or had excluded the local police from conducting such investigation. Thus, the investigation made and charge -sheet submitted by the Officer -in -Charge of Komna Police Station prior to coming into force of the Rules cannot be regarded as invalid or illegal.