ORDER : 1. Heard Mr. Anurag Kashyap, learned counsel appearing for the petitioners and Mr. V.K. Gupta, learned A.P.P. for the State. No one appears on behalf of the opposite party no. 2. 2. In this application petitioners have prayed for quashing of order dated 21.05.2015 passed by the learned Principal Sessions Judge, Sahibganj in Criminal Revision No. 77 of 2014 by which the revision application preferred against the order dated 20.06.2014 passed by the learned S.D.J.M., Sahibganj, in connection with Borio (Jirwabari) P.S. Case No. 38 of 2014 corresponding to G.R. Case No. 82 of 2014 has been rejected. 3. It has been submitted by the learned counsel for the petitioners that the investigation into the offence u/s 3/4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, was carried out by the Assistant Sub-Inspector of Police, Borio (Jirwabari) Police Station who is not authorized to carry out investigation under the provision of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. It has been submitted that even otherwise no offence under the provision of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been made out against the petitioners. Learned counsel for the petitioners submits that this fact has not been taken into consideration either by the learned S.D.J.M., Sahibganj while taking cognizance or by the Revisional Court. Learned counsel for the petitioner further submits that so far as taking of cognizance u/s 341, 323, 504/34 of the Indian Penal Code is concerned the First Information report does not reveal any such offence which has been committed by the petitioners. It has also been submitted by the learned counsel for the petitioners that the petitioners have been implicated on account of land dispute. 4. Mr. V.K. Gupta, learned A.P.P. has opposed the prayer made by the petitioners and has submitted that in course of investigation sufficient materials have been collected after which cognizance has been taken and there is no illegality or error committed by the learned trial court and therefore the present application is liable to be dismissed. 5. It is an admitted fact that the investigation was carried out by the Assistant Sub-Inspector of Police who in terms of Rule 7 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rule was not authorized as the jurisdiction vests with Police Officer not below the rank of Dy. Superintendent of Police. 5. It is an admitted fact that the investigation was carried out by the Assistant Sub-Inspector of Police who in terms of Rule 7 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rule was not authorized as the jurisdiction vests with Police Officer not below the rank of Dy. Superintendent of Police. The said provision is a mandatory provision and since the Assistant Sub-Inspector of Police investigated into the offence, the very act of submitting a charge sheet under the provision of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act is in conflict with the mandatory requirement of Rule 7 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. None of the courts below have considered these aspects of the matter, while taking cognizance for the offence punishable under the said Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act and affirmed by the Revisional Court vide order dated 21.05.2015. 6. In view of the fundamental defect in the investigation carried out by the Assistant Sub-Inspector of Police the petitioners cannot be prosecuted for the offence punishable under Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act and accordingly taking of cognizance under the said provision as well as order dated 21.05.2015 passed by the learned Principal Sessions Judge, Sahibganj in Criminal Revision No. 77 of 2014 with respect to affirming the order passed by the cognizance taking court for the offence under Section 3/4 of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act is hereby quashed and set aside. 7. So far as the other offences which have been committed under the Indian Penal Code is concerned, perusal of the First Information Report reveals the commission of such offences. In fact the same has been investigated and the investigation resulted in submission of charge sheet and taking of cognizance. I am therefore not inclined to interfere in the order taking cognizance so far as it relates to offences under Section 341, 323, 504/34 of the Indian Penal Code. 8. Considering the discussions made herein above this application is allowed in part by quashing that part of the impugned order dated 20.06.2014 by which cognizance has been taken for the offence under Section 3/4 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, while affirming the order by which cognizance has been taken under Section 341, 323, 504/34 of the Indian Penal Code.