GOLDAN SINGH @ GOLTAN SINGH AND AIYA SINGH BOTH SONS OF RAM BIHARI SINGH Vs. STATE OF BIHAR AND SAKALDEO PRASAD S/O LATE PRAGASH DAS

JUDGEMENT

(1.) Heard Mr. Kaushal Kumar Singh, learned Counsel appearing on behalf of the petitioners and Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State.

(2.) The petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 15.2.2007 passed by Sub Divisional Judicial Magistrate, Masaurhi in Masaurhi P.S. Case No. 19 of 2006, Tr. No. 1625 of 2007. By the said order, learned Sub Divisional Judicial Magistrate has taken cognizance of the offence under Section 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act besides Sections 341, 323/34 of the Indian Penal Code.

(3.) Learned Counsel for the petitioners has confined on the petition to challenge the order in respect of cognizance under Section 3(x) of the S.C. and S.T. Act. It was submitted by the learned Counsel for the petitioners that though F.I.R. was registered under Section 3(x) of the S.C. and S.T. Act and other sections of the Indian Penal Code, the police, after investigation, submitted final form only in respect of the offence under Indian Penal Code. It was - further argued that during the entire investigation, nothing was collected suggesting commission of offence under Section 3(x) of the S.C. and S.T. Act. It was further submitted that since from very beginning, police was satisfied that no offence under the provisions of S.C. and S.T. Act was made out, the case was not investigated by the officer duly competent under the rules of S.C. and S.T. Rules. However, the learned Magistrate, contrary to the record, had taken cognizance of the offence even under Section 3(x) of the S.C. and S.T. Act. The Police Officer, who had conducted investigation in the present case, was not authorized to conduct investigation as per Rule 7 of the S.C. and S.T. Rules, 1995. Accordingly, learned Counsel for the petitioners has prayed for quashing of order of cognizance to the extent of cognizance taken under Section 3(x) of the S.C. and S.T. Act.