JUDGMENT : P.K. Tripathy, J. - Learned Counsel for the Petitioner files certified copies of order dated 23.4.1999 of the Special Judge, Cuttack and the charge-sheet in G.R. Case No. 973 of 1998. 2. Heard. 3. Learned Counsel for the Petitioner states that there is no prima facie case against the Petitioner for the offence u/s 302, I.P.C. therefore, the order of cognizance with respect to that offence be quashed. He further argues that in the charge-sheet one of the offences is u/s 3 of the S.C. & S.T. (Prevention of Atrocities) Act (in short 'the Act') and cognizance of that offence was taken by the Special Judge. According to Rule 7 of the S.C. & S.T. (Prevention of Atrocities) Rules (in short 'the Rules') investigation of a case involving offence u/s 3 of the Act should be done by a Police Officer not below the rank of Deputy Superintendent of Police. Hence, final form submitted by the O.J.C. is liable to be quashed because such officer was not authorised to file the charge-sheet. In that connection, he refers to an unreported decision of this Court in criminal misc. Case No. 4963 of 1999 (Benudhar Gouda and Ors. v. State of Orissa). In the Case when the.investigation was still pending referring to the provisions in Rule 7 of the Rules, this Court quashed the investigation made by a Subordinate Police Officer with a direction for fresh investigation in accordance with law. In this case, charge-sheet has already been filed and after hearing the parties at length and perusing the impugned order it is seen that the Special Judge without applying his mind for proper assessment of the facts in the case diary has mechanically taken cognizance of the offence u/s 3 of the Act. 4. Keeping in view the above facts and circumstances, it is directed that the special judge shall peruse the case diary and if he shall find' that there are materials to take cognizance of the offence u/s 3 he shall pass a speaking order in that respect and thereafter as per this direction he shall direct that concerned Deputy Superintendent of Police to make the investigation afresh and to submit the final form. In the event he shall find that offence u/s 3 of the Act, as noted in the charge-sheet, is not made out from the materials in the case diary, he shall proceed with the case accordingly be sending the record to the cognizance taking Magistrate to take cognizance of the offences after perusal of the case diary and the materials thereof and to follow the procedure for commitment, if necessary. During perusal of the case diary if learned Special Judge shall find that prima facie case relating to any other offence (for which charge-sheet has been filed is not made out, he may pass appropriate but a speaking order in that respect. 5. For the reasons stated above the impugned order of cognizance is quashed; the case is remitted back to the Special Judge to proceed in accordance with the above direction and accordingly, the Criminal Misc. case is allowed. Final Result : Allowed