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2005 DIGILAW 309 (ORI)

Basanta @ Basanta Kumar Palai v. State of Orissa

2005-05-05

A.K.SAMANTARAY

body2005
ORDER Heard both the learned counsels. On the consent of the parties, this matter is disposed of at the stage of admission. On the allegation that mandatory provision of Rule 7 of the S.C. & S.T. (P.A.) Rules has been violated in G.R. Case No.1020 of 1999 wherein although the case was registered under Section 3 of the S.C. and S.T. (P.A.) Act alongwith other Sections of the Penal Code, the investigation was taken up by the A.S.I. of Police of Rajnagar Police Station and on the date of submission of charge sheet i.e. 17.4.2000 the S.D.P.O. Kendrapara took charge of the investigation and submitted charge sheet on the very same day against the petitioners under Section 3 of the S.C. and S.T. (P.A.) Act alongwith other Sections of the Indian Penal Code. This is very much apparent from the copy of the charge sheet which is annexed to this petition. The S.D.P.O. has himself mentioned that he took charge of the investigation and submitted charge sheet on 17.4.2004. There being a clear violation of the Rule 7 of the S.C. and S.T. (P.A.) Rules which mandates that the offence of the S.C. and S.T. (P.A.) Act has to be investigated into by the Gazetted Police Officer not below the rank of D.S.P. and when that has not been done in this case, cognizance taken under Section 3 of S.C. and S.T. Act by the learned J.M.F.C. Pattamundai is hereby quashed. However, the case against the petitioner under the other penal provision shall continue. Since the case, as submitted, is pending on the file of the learned J.M.F.C., Pattamundai and this is a case of the year, 1999 and the offence under Section 3 of the S.C. and S.T. Act has already been quashed, the learned Magistrate would do well to make all endeavour to dispose of this year old case within the time span of six months and report compliance. Crl. Misc. Case is disposed of. UCC of this order be granted as per rules. CRLMC disposed of.