M B RAMACHANDRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision is against the order of dismissal of the application filed by the petitioners for discharge. The petitioners were charge-sheeted by the Assistant Commissioner of Police, J. C. Nagar Sub-Division, Bangalore for the offence punishable Under Section 3, Clause (10) of sc/st Prevention of Atrocities Act.

(2.) ON two grounds they sought for discharge. Firstly, it was urged that the pros ecuting agency cannot directly submit charge-sheet to the Special Court as a Special Court being the Sessions court cannot try a case without there being an order of Committal. Secondly, it is submitted that as per Rule 7 of the SC/st Prevention of Atrocities Act, 1989, any alleged offence has to be invastigated by the officer not below the cadre of Dy. S. P. rank who is specially authorised by the state Government.

(3.) THE Special Judge after having heard the matter regarding discharge referred to the decision relied upon by the counsel for the petitioners in Gangula Ashok and Anr. v. State of Andhra pradesh reported in AIR2000 SC 740 , 2000 Crilj819 , JT2000 (1 )SC 379 , 2000 (1 )KLT609 (SC ), 2000 (2 )MPHT101 , 2000 (1 )SCALE294 , (2000 )2 SCC504 , [2000 ]1 SCR468 , 2000 (1 )UJ679 (SC ) and also Rule 7 of the SC/st Prevention of Atrocities act and held that in the light of the amendment to Section 14 of the Act taking cognizance of the offence in the Court of original jurisdiction and trying the offence is perfectly legal. Meeting the argument that the matter was not investigated into by appropriate I. O. the Court held that the a. C. P. being an officer of the rank of Dy. S. P. is the appropriate investigating authority under the act. Having thus held against the petitioners on both the points, the Court-below dismissed the application. Accordingly, the application has been dismissed.