RAGHUNATH PADHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this revision, the petitioner assails the order dated 17.10.2011 passed by the learned S.D.J.M., Jeypore in G.R. Case No. 313 of 2011 taking cognizance of offence under sections 294/506/500, I.P.C. read with section 3 (i) (x) of the S.C. and S.T. (Prevention of Atrocities) Act (hereinafter referred to as "the Act").

(2.) THE facts leading to the present revision are as follows: -

(3.) LEARNED Counsel for the petitioner submitted that the Deputy Superintendent of Police, H.R.P.C. has no jurisdiction to investigate into the matter as he was not appointed in term of section 9 of the Act and Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as "the Rules"). Therefore, the cognisance taken by the Court below is not sustainable under law. In support of his contention, he has cited the decision in the case of State of M.P. v. Chunnilal @ Chunni Singh,2009 65 ACC 652