A. SOMAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

(2.) According to the complainant, when he attended get-together function at Lingala village, accused mentioned in the complaint abused him in filthy language and on caste lines, offending the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act' 1989'). He accordingly lodged complaint with the Penpahad Police. On 20.12.2019, Crime No.236 of 2019 was registered under Sections 323, 504, 506 r/w 34 of IPC, Section 3 (1) (r) (s) and Section 3 (2) (Va) of the Act, 1989. Petitioner now alleges that there is no progress in the investigation. Petitioner apprehends that there is deliberate delay in investigating into the crime as one of the persons against whom the complaint was registered is working as Police Constable in Penpahad Mandal, Suryapet district.

(3.) Once a crime is reported, the Code of Criminal Procedure (Cr.P.C.) lays down detailed procedure how to register the crime, how to conduct investigation, how to prepare final report, submission of final report before the competent Court and taking cognizance of the crime and placing the accused for trial before the competent Court. It is settled principle of law, once cognizable crime is reported, police have to register the crime and investigate into the crime. Such investigation has to be taken-up immediately, collect the evidence and then take steps to finalize the investigation and file the final report. As the existing provisions of law are not redressing the grievance of people belonging to the Scheduled Castes and Scheduled Tribes and atrocities against them are continued, the Indian Parliament enacted the Act, 1989 incorporating more stringent provisions, in addition to what is envisaged in the Cr.P.C and I.P.C. As against the procedure envisaged in the Code of Criminal Procedure, where power is vested in the Magistrate, to monitor investigation of a crime under the Act, 1989 and take cognizance of the crime, the power is now vested in the Special Court. The Special Court is vested with the power to take cognizance of offence under the Act. The Act prescribes time limit for completion of investigation and filing of final report. It also prescribes penal consequences on the Police officers if the investigation is not completed within the time prescribed and are negligent in conducting investigation.