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2021 DIGILAW 697 (RAJ)

D. R. Meghwal v. State

2021-03-25

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - The petitioner-complainant has approached this Court by way of this misc. petition under Section 482 Cr.P.C. seeking a direction for the Special Court, SC/ST (Prevention of Atrocities) Cases, Jodhpur Metro to decide the pending application dated 07.11.2017 filed by him expeditiously. The application was filed by the petitioner seeking a direction for proceeding against the police officer Simartharam under Sections 166 and 166-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Suffice it to say that the prosecution is sought by way of this application of a police officer in the rank of Additional Commissioner of Police and who is not removable from the office by the State Government and manifestly thus, his prosecution would not be permissible sans sanction under Section 197 Cr.P.C. The allegation which has been levelled in the application is that he filed an FIR No.106 dated 20.07.2017 and the charge-sheet was mandatorily required to be filed within a period of sixty days and that, delay in filing of the charge-sheet would make the IO responsible to face prosecution for the offences under Sections 166 & 166-A of the IPC. 3. Ex-Facie, I am of the view that Section (4)(2)(e) of the SC/ST Act which requires filing of the charge-sheet in the Special Court within a period of sixty days from the date of lodging of the FIR is a directory provision. 4. As per the factual report placed on record, various reasons have been set out regarding the delay in conclusion of the investigation. The investigating officer had chalked out the charge-sheet well within a period of two months and ten days from the date of registration of the FIR by the petitioner. 5. In this background, I am of the opinion that ex-facie, the application filed by the petitioner in the Special Court, SC/ST (Prevention of Atrocities) Cases, Jodhpur Metro was not tenable and is itself required to be dismissed rather than giving a direction for proceeding thereupon. Thus, I find no reason to accept the instant misc. petition which is dismissed as being devoid of merit. Copy of this order shall be forwarded to the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur Metro forthwith.