ARUN KUMAR BURNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the State.

(2.) Petitioners have challenged the order dated 31.5.2010 passed by the learned Sessions Judge-cum-Special Judge, SC & ST (Prevention of Atrocities) Act, Giridih, whereby, the application filed under Sec. 228 of the Cr.P.C on behalf of the accused petitioners was rejected by the Court below.

(3.) It appears that the petitioners have been made an accused in Dumri P.S Case No. 36 of 2007, for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 379, 307, 504, 376/511, 427, 447 of the Indian Penal Code and 3 /4 of the SC & ST (Prevention of Atrocities) Act (herein after referred to as the 'Act'). It appears that the case was investigated by the Deputy Superintendent of Police Headquarters, Giridih, who had submitted the charge-sheet in the case for the offence under Sections 147, 148, 149, 341, 342, 323, 504/427 of the Indian Penal Code and 3 (I) (ii) (iii) (v) (x) of the Act. It further appears that the petitioners were put to trial in S.T Case No.470 of 2008, wherein the petitioners filed the application under Sec. 228 of the Cr.P.C, stating that the investigation made by the Deputy Superintendent of Police for the offences under the Act was absolutely illegal, inasmuch as, the said Deputy Superintendent of Police was not appointed under Rule 7 of the SC & ST (Prevention of Atrocities) Rules (herein after referred to as the 'Rules'), and accordingly, the prayer was made that no charge can be framed against the petitioners under Sections 3 (I) (ii) (iii) (v) & (x) of the Act. It was submitted that the case be transferred to the competent court for trial for the offences under the I.P.C. The said application was dismissed by the Court below, holding that under Rule 7 of the Rules, the Deputy Superintendent of Police is authorised to investigate the case and in view of the fact that the investigation of the case was done by an officer of the rank of Deputy Superintendent of Police, there was no illegality in the same and the application filed by the petitioners was rejected by the Court below.