BAHU SUSHIL BASANTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This case under Section 482 of the Code of Criminal Procedure, 1973 (in short, the Code) was heard on consent of the parties for disposal at the stage of admission along with a batch of Criminal Misc. Cases involving similar questions of law relating to requirement of commitment of the case involving offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the Act) and non- investigation by a designated police officer in accordance with Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (in short, the Rules) is illegal. It being not convenient to pass a common judgment because of some distinguishable facts in each of the cases, therefore, this separate judgment is delivered with respect to the present case.

(2.) Petitioner is the accused in G.R. Case No. 1156 of 1998 of the Court of Special Judge-cum-AddI. Sessions Judge, Kendrapara. On 7/1/1999, upon submission of chargesheet under Section 376, I.P.C. and Section 3 of the Act, learned S.D.J.M., Kendrapara made over the case to the Court of AddI. Sessions Judge-cum-special Judge, Kendrapara. On the same day, upon receipt of the record of the said G.R. Case, learned AddI. Sessions Judge took cognizance of the aforesaid offences and fixed the case to 29/1/1999 for supply of policepapers in as much as the accused is in custody.

(3.) In the present case petitioner has raised two points, viz. (i) that, learned Special Judge has no power to take cognizance without an order of commitment, and (ii) that, the chargesheet submitted on the basis of an investigation by a police officer below the rank of Deputy Superintendent of Police being illegal, the chargesheet is not acceptable.