RAMCHANDRA YADAV SON OF SRI PRAYAG MAHATO Vs. THE STATE OF JHARKHAND THROUGH THE DIRECTOR GENERAL OF POLICE, RANCHI HAVING ITS OFFICE AT DHURWA, PO AND PS DHURWA, DISTRICT RANCHI

JUDGEMENT

(1.) Heard Mr. Tejo Mistry, learned counsel for the petitioners and Mr. Vijayant Verma, learned J.C. to G.P. II.

(2.) In this writ application, the petitioners have prayed for a direction against the respondents for further investigation in connection with Birni P. S. Case No. 156 of 2015 registered for the offences punishable under Sections 447, 448, 341, 324, 323, 380, 427, 504, 506 and 34 of I.P.C. and Sections 3(i), (iii)/9 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act. A further prayer has been made for handing over the investigation to a competent person not below the rank of Dy. S.P.

(3.) At the outset, learned counsel for the petitioners has restricted his prayer only with respect to the investigation to be carried out by a person not below the rank of the Dy. S.P. Learned counsel for the petitioners has submitted that in terms of the Sec. 7 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, any investigation with respect to an offence committed under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act is to be done by a person not below the rank of Dy. S.P. Learned counsel has further submitted that in view of the provisions of the statute, the investigation which is being carried out by the Sub-Inspector of Police is against the spirit of the Act and the Rules and therefore appropriate direction be issued for handing over an investigation to the person not below the rank of Dy. S.P. In support of his contention, learned counsel has referred to the judgment rendered by the Honourable Supreme Court in the case of "State of Madhya Pradesh Vs. Chunnilal alias Chunni Singh" reported in (2009) 12 SCC 649.