JUDGMENT P.K. TRIPATHY, J. — In this application under Section 482, Cr. P.C. petitioners have prayed to quash the F.I.R. in Tigiria P.S. Case No. 109 of 2001, stated to be involving the offences punishable under Section 341/323/324/506/34, I.P.C. read with Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (in short ‘the Act’). This application u/s. 482, Cr. P.C. was heard along with a batch of cases involving the similar legal issues and has been disposed of by separate judgments in each of the cases. It be noted that, both the parties consented for disposal of this application u/s. 482, Cr. P.C. at the stage of admission. 2. One of the legal issues which is involved in the batch of the cases, is whether investigation made by a police officer not appointed in accordance with Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, (in short, ‘the Rules’), read with Section 9 of the Act is valid to take cognizance of the offence under Section 3 of the Act. It has been held by this Court that such an investigation per se is illegal. It has further been held that when an investigation is conducted by an officer below the rank of Deputy Superintendent of Police or by an officer who is not lawfully appointed under the said provision of law to conduct and carry on the investiga¬tion, then in the event of submission of charge-sheet on the basis of such an investigation, the cognizance-taking Magistrate shall not take cognizance of the offence u/s. 3 of the Act, but if the charge-sheet includes the offence punishable under the Indian Penal Code, then he has to consider the matter relating to cognizance of the offences under Indian Penal Code and to proceed with the criminal proceeding in accordance with law. 3. It has also been held that in the event an investiga¬tion has been undertaken by an officer not appointed in accord¬ance with Rule 7 of the Rules but the investigating/prosecuting agency shall move application before the cognizance-taking Magis¬trate for investigation by an officer legally entitled to conduct such investigation, then such application be duly considered by the cognizance-taking Magistrate in accordance with law. 4. 4. Another legal issue involved in the batch of cases is as to whether the Court of Session functioning as Special Judge is to take cognizance of the offence without an order of commit¬ment. This Court has held that in view of the ratio in the case of Gangula Ashok and another v. State of A.P., (2000) 18 OCR (SC)-364, the Court of Session functioning as the Special Judge to take up the cases involving the offence u/s. 3 of the Act is not required to accept the charge-sheet or take cognizance with¬out an order of commitment. 5. While legal issues have been decided in the aforesaid manner, in this case petitioners pray to quash the F.I.R. on the ground that they are members of Scheduled Castes being belonging to ‘Dhibara’ caste and therefore, investigation into the offence u/s. 3 of the Act is impermissible. It is seen from the certified copy of the F.I.R. that the O.I.C., Tigiria Police Station di¬rected one A.S.I. of Police to carry out the investigation. In that respect, if so desire, the investigating/prosecuting agency may take appropriate steps with due intimation/permission of the Court regarding investigation into the case by a competent police officer duly appointed in accordance with Rule 7 of the Rules. In course of such investigation if the petitioners shall produce Caste Certificate granted in their favour as members of Scheduled Caste, then the Investigating Officer shall consider the same in accordance with law and the ratio in the case of Jhula Behera alias Dalai and another v. State of Orissa*, (2000) 18 OCR 275. Be that as it may, if no such step shall be taken by the State for appointment of a competent police officer for investigation and if in the meantime charge-sheet has been submitted, then the matter relating to taking of cognizance shall be guided by the aforesaid position of law, as stated in the preceding paragraphs. The Criminal Misc. Case stands disposed of accordingly. Crl. Misc. Case disposed of.