Easwaramoorthy v. State by Inspector of Police, Avinashi Police Station
2001-11-22
P.D.DINAKARAN
body2001
DigiLaw.ai
ORDER: The petitioners seek to quash the proceedings in S.C.No.265 of 2001 on the file of the learned Principal District and Sessions Judge, Coimbatore on the only ground that the complaint lodged against the petitioners in Crime No.939 of 1995, for alleged offences punishable under Secs. 14, 148, 324 , 506(ii) , I.P.C. and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, had been investigated by an Inspector of Police instead of an Investigating Officer not below the rank of Deputy Superintendent of Police as contemplated under Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as the ‘Rules’). 2. Admittedly, in the instant case, the alleged complaint was investigated by the Inspector of Police contrary to Rule 7 of the Rules, which reads as follows: Rule 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 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 on top priority 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. (3) The Home Secretary and the Social Welfare Secretary to the State Government, Director of Prosecution the officer in-charge of prosecution and the Director General of Police shall review by the end of every quarter the position of all investigations done by the investigating officer. 3. A reading of Rule 7 of the Rules makes it clear that the investigation shall be done by a police officer not below the rank of a Deputy Superintendent of Police and such investigating officer should have experience, sense of ability and the investigation should be completed within the shortest possible time giving top priority, in any event within thirty days from the date of complaint and shall submit a report to the Superintendent of Police who in turn shall forward the same to the Director General of Police.
Rule 7 of the Rules, therefore, statutorily makes it clear the course of action to be done by the Police Officer concerned. 4. However, in the instant case, on the materials placed before this Court, it is clear that the complaint is itself with regard to an alleged occurrence said to have taken place on 16.10.1995, that the same had been investigated by Inspector of Police who is not competent to investigate into the matter as per Rule 7 of the Rules which necessitated the petitioners to approach this Court, as referred to above. 5. Mr. M. Maharaja, learned Government Advocate (Criminal Side), inviting by attention to the decision of the Kerala High Court in K. Muhammed v. K. Sukumaran , 2001 Crl.L.J. 1664 submits that the entire proceedings cannot be quashed merely because the case had been investigated by the Inspector of Police, who is not competent as per Rule 7 of the Rules, referred to above because, the petitioners are also facing other charges. 6. In K. Muhammed case, 2001 Crl.L.J. 1664, referring to Rule 7 of the Rules, it had been held that, considering the nature of the allegations and the circumstances, and also the object of the Special Legislation, viz.,The Scheduled castes and the Scheduled Tribes. (Prevention of Atrocities) Rule, 1995, intended to deal with the atrocities against the Scheduled castes and Scheduled Tribes personnels, the entire proceedings cannot be quashed on the ground that the case was investigated and the charge had been filed by a Circle Inspector of Police. 7. The same view has also been taken by the Orissa High Court in Jhula Behera alias Dalai and another v. State of Orissa , (2000) 2 Crimes 385 . 8. Applying the ratio laid down in the above decisions, 1 am obliged to quash the final report filed by the Inspector of Police in the above S.C.No.265 of 2001 on the file of the learned Principal District and Sessions Judge, Coimbatore, and direct the learned Principal District and Sessions Judge, Coimbatore to refer the matter for further investigation to a competent police officer, who shall take further action in the matter, as he deems fit, independently and in accordance with law, expeditiously. This petition is disposed with above direction. Consequently, Crl.W.P.Nos.7479, 7480 and 7481 of 2001 are closed. B.S.-----Petitions allowed.