MOHAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- In this application, the petitioner has prayed for quashing of the investigation in Biraul P.S. Case No. 56 of 1995 initiated on the basis of F.I.R. for offence punishable under Section 302 and other ancillary sections of the Indian Penal Code including Sections 3/1 and 3/2 of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989.

(2.) Admittedly, after usual investigation, final form has been submitted and on the basis thereof cognizance was taken of the offences punishable under Section 302 and other ancillary sections of the Indian Penal Code including Sections 3/1 and 3/2 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as stated above and the case was committed to the Court of Session.

(3.) Having regard to the facts stated above, the prayer for quashing the investigation has become infructuous since the final form has already been submitted and the case has been committed to the Court of Session. Mr. Shukla, learned Sr. Advocate appearing on behalf of the petitioner has then challenged the order of taking cognisance of an offence punishable under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on the ground that in the instant case the Dy. S.P. has investigated the case and submitted the chargesheet who was not vested with the power to investigate with respect to the offence. In support of his contention learned counsel has referred to role 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 which reads thus :