JUDGMENT : R.K. Dash, J. - Heard. 2. In this application filed u/s 482 of the Code of Criminal Procedure the Petitioners seek to quash the investigation of Bantala P.S. Case No. 33 of 1999. The crux of submission of Shri G.B. Jena, learned Counsel for the Petitioners is that one of the offences being u/s 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (for short. 'the Act'), the investigation ought to have been taken up by a police officer not below the rank of Deputy Superintendent of Police as provided in Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for short, 'the Rules'). But instead, it was taken up by the Officer-in-charge of the police station who is in the rank of SubInspector of Police. Since the Officer-in-charge does not have the power to investigate into such offence, the Court, in exercise of inherent powers, should quash the investigation in so far as the said offence is concerned. In support of his submission, he relies upon two decision reported in 1998 (3) Cri 279 (A. Sasikumar v. The Superintendent of Police, Villupuram and 3 Ors.) and 1992 (2) Cri 343 (D. Ramalinga Reddy alimi D. Babu v. State of Andhra Pradesh) Rule 7 of the Rules reads as under: 7. Investigating 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 receive the implications of the case and investigate it along with right lines within the shortest possible time. xx xx xx xx 3. The aforesaid rule postulates that in view of the nature of the offence, the case shall be investigated by a senior police officer not below the rank of Deputy Superintendent of Police. In the present case, since the investigating officer is in the rank of Sub-inspector of Police, he is not authorised to investigate into the offence u/s 3 of the Act. In that view of the matter, the investigation so made is illegal and without jurisdiction.
In the present case, since the investigating officer is in the rank of Sub-inspector of Police, he is not authorised to investigate into the offence u/s 3 of the Act. In that view of the matter, the investigation so made is illegal and without jurisdiction. Then question arises as to whether fresh investigation can be taken up by a competent police officer as provided under the Rules when admittedly chargesheet has not yet been laid. In my view, there is not bar either under the Code of Criminal Procedure or under the Act and Rules framed thereunder to transfer the investigation to an officer competent to investigate. Accordingly, the investigation of the aforementioned case is quashed and the Superintendent of Police, Angul may entrust the case to.a competent police officer as provided in Rule 7 of the Rules for investigation in accordance with law. 4. Cri. Misc. Case is disposed of.