Research › Search › Judgment

Orissa High Court · body

2002 DIGILAW 682 (ORI)

RANJAN KUMAR SWAIN v. STATE OF ORISSA

2002-10-28

P.K.TRIPATHY

body2002
JUDGMENT : P.K. Tripathy, J. - This application u/s 482, Code of Criminal Procedure was heard along with a batch of cases involving offence u/s 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (in short, 'the Act') and disposed of by a separate judgment. Both the parties consented for disposal of the application u/s 482, Code of Criminal Procedure at the stage of admission. 2. This application u/s 482, Code of Criminal Procedure has been filed to quash the investigation in Tirtol P.S. Case No. 71 of 2000, corresponding to G.R. Case No. 214 of 2000, inter alia, on the grounds that: (1) on the face of Annexure-2, Annexure-1 (the F.I.R.) is false and fabricated, and (2) the case being registered u/s 3 of the Act, the Officer-in-charge of the Police-station is not competent to investigate into the said offence. 3. It is stated in Annexure-2 that persons belonging to different communities of the locality, which includes Harizans and Mohammedans, a joint statement was addressed to the Officer-in-charge of the Police-station about the falsity in the allegation in the F.I.R. Annexure-1. While in seisin of the application u/s 482, Code of Criminal Procedure this Court cannot and should not make a probe into that aspect by calling upon the parties to admit or deny the same. However, it is observed that at the stage of investigation the Investigating Officer shall verify that aspect and to arrive at his own conclusion about the truth in that vis-a-vis the allegation in the F.I.R. Therefore, contention of the Petitioners, who are two of the accused persons in the above noted P.S. Case, to drop the proceeding on the basis of Annexure-2 is not entertainable. 4. Police-station Case No. 71 of 2000 has been registered on the basis of the F.I.R. Annexure-1 for the offence punishable under Sections 341, 294, 323, 427/34 Indian Penal Code and Section 3 of the Act. Investigation as noted in the certified copy of the F.I.R. as well as asserted by the Petitioners in their application u/s 482, Code of Criminal Procedure was undertaken by a Police Officer below the rank of Deputy Superintendent of Police. Investigation as noted in the certified copy of the F.I.R. as well as asserted by the Petitioners in their application u/s 482, Code of Criminal Procedure was undertaken by a Police Officer below the rank of Deputy Superintendent of Police. Apart from that, appointment of the Investigating Officer has not been made in accordance with the provision in Section 9 of the Act read with Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. Making a reference to a catena of decisions including the case of In Re: Sessions Judge-cum-Special Judge, Cuttack v. State of Orissa, (2002) 22 OCR 92, in other cases (from out of the batch of cases involving similar offence and similar circumstance) this Court has held that if an investigation is made by an Investigating Officer not in accordance with the provision in Section 9 of the Act and Rule 7 of the Rules then such investigation is bad in law to disentitle to the cognizance taking Magistrate to accept the charge-sheet, if filed for the offence u/s 3 of the Act. It has also been held that in such type of cases if the investigating agency/prosecution shall apply for investigation by a competent police officer, that shall be considered in accordance with law by the cognizance taking Magistrate. It has also been observed by this Court that for any reason if the charge-sheet submitted for the offence u/s 3 of the Act is not entertainable to take cognizance or for commitment, that does not preclude the concerned Court to proceed with the charge-sheet, if filed for other offences punishable under the Indian Penal Code, if investigation into such cases has been made in accordance with the provision in Code of Criminal Procedure. So far as this case is concerned, this Court adopts the same principle and the ratio. With the above findings and orders this Criminal Misc. Case is disposed of and the Court below is directed to follow the same while dealing with G.R. Case No. 214 of 2000. The above circumstances being not sufficient to quash the proceeding, that prayer of the Petitioners stands rejected. The Criminal Misc. Case is accordingly disposed of. Ordered accordingly.