A. Sasikumar vs The Superintendent of Police, Villupuram and 3 others

S.M. Sidickk, J.—Heard both counsel. A complaint was given by the petitioner on 22.10.1996 to the S.I. of Police, P.R.C. Wing,

Cuddalore for the alleged offences under Sections 294, 323, 506(II) of I.P.C. and also the offences u/s 3(1)(x) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989). After registering the case by the S.I. of Police, P.R.C. Wing, Cuddalore,

he later transferred the F.I.R. to the Inspector of Police, Virudhachalam Police Station, who registered the case in Crime No. 768 of 1997 on the

file of Virudhachalam P.S. The learned Government Advocate stated that after investigation by the Inspector of Police, Virudhachalam P.S. the

case was referred as mistake of fact. Notwithstanding the investigation and final report of the Inspector of Police I am of the view that he has no

jurisdiction or power to investigates the matter because it involves the commission of the offence under Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (Act 33 of 1989).

Rule 7 of Schedules Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 states as follows:-

''7. Investigation Officer: (1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy

Superintendent of Police. The investigating Officer shall be appointed by the State Government, Director General of Police, superintendent of

Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it along with

right lines within the shortest possible time.

(2). The Investigating Officer so appointed under sub- rule (1) shall complete the Investigation within thirty days and submit the report to the

superintendent of Police who in turn will immediately forward the report to the Director General of Police of the State Government"".

It is evident from Rule 7 of the said Rules that the Inspector of Police has no powers and has no jurisdiction to investigate the matter like this,

which is one arising under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33of 1989), and as such any

investigation done by the Inspector of Police is immaterial, and so a direction has to be issued to the Superintendent of Police, Cuddalore to

depute a Deputy Superintendent of Police as required under Rule 7 of the said Rules, to make further investigation into the matter u/s 173(8) of

Cr.P.C. and to file a final report before the Special Court viz., the Principal District and Sessions Court at Cuddalore. Hence I hold that a direction

has to be issued to the Superintendent of Police, Cuddalore to depute a Deputy Superintendent of Police to make further investigation into the case

in Crime No. 768 of 1997 on the file of the Inspector of Police, Virudhachalam Police Station and to file a final report before the Principal District

and Sessions Court at Cuddalore, which is a special Court to try the offence under Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (Act 33 of 1989), and the Deputy Superintendent of Police so deputed by the Superintendent of Police, Cuddalore will send

a copy of the F.I.R. to the Special Court viz., the Principal District and Sessions Court at Cuddalore and thereafter proceed with the further

investigation and make a final report before the Principal District and Sessions Court at Cuddalore which is the special court to try the offence

under the said Act, and the petition has to be allowed accordingly.

In the result the petition is allowed. A direction is issued to the Superintendent of Police at Cuddalore to depute a Deputy Superintendent of

Police to make further investigation u/s 173(8) of Cr.P.C. in the case in Crime No. 768 of 1997 on the file of the Inspector of Police,

Virudhachalam Police station and file a final report before the Principal District and Sessions Court at Cuddalore, which is the special Court to try

the offence under the said Act viz., The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989), and a

further direction is given to the Deputy superintendent of Police so deputed by the Superintendent of Police at Cuddalore to send a copy of the

F.I.R. to the Special Court viz., the Principal District and Sessions Court at Cuddalore.