SHAHNAWAZ ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Misc. Petition has been filed for quashing the investigation arising out of Giridih Nagar P.S. Case No. 78/2003, Cr. M. P. Case No. 615/2003, pending in the Court of Chief Judicial Magistrate, Giridih, and for quashing the order dated 11-6-2003 passed in that case.

(2.) The short facts of this case are that the FIR has been lodged under Section 323. 341, 379, 384 IPC and 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Annexure-1. As per Annexure 1, investigation had been given to one S. B. Chowdhury, Sub-Inspector.

(3.) The grievance of the petitioners is that the investigation is being conducted by an officer, who is not authorized to investigate the case under Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. It appears that on the request of the Investigating Authority for issuance of warrant of arrest, the Chief Judicial Magistrate has issued warrant of arrest against the petitioners, vide order dated 11-6-2003, which is impugned in this case.