SANT BILASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This order shall dispose of Cr. Misc. No. 24542/2001 (Sant Bilash Singh and Ors. v. The State of Bihar and Anr.,) Cr. Misc. No. 25173/2001 (Rama Ashray Mauar@ Tuntun Mauar v. The State of Bihar,) and Cr. Misc. No. 28134/2001 (Rama Kant Sao and Ors. v. The State of Bihar and Anr).

(3.) Learned Counsel for the applicant submitted that in accordance with Rule 7 the investigation was to be made by an officer not below the rank of Dy. S.P. and as the investigation was made by an officer not authorised by the State Government under Section 9 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act), the investigation is ab-initio-void and the charge-sheet could not be submitted. It is contended that if no investigation could be made or the charge-sheet could not be submitted by he concerned police officer, the Court below could not take cognizance in the subject. Though the Counsel for the applicants made a submission that on the allegations contained in the private complaint or in the First Information Report an offence punishable under the provisions of the Act are not made out but even at this stage 1 must reject that argument because the complainant in unequivocal terms in the complaint so also in the verification statements have alleged the commission of the offence punishable under the provisions of the Act.