SHANKAR Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner being the defacto complainant in Crime No. 36 of 2003 on the file of the third respondent herein and C.C.No.207 of 2003 on the file of the Judicial magistrate, polur has filed this petition under Section 482 of the Code of criminal procedure seeking a direction to the first respondent to depute the competent officer not below the rank of Deputy Superintendent of police as contemplated in Rule 7 of the scheduled caste and the Scheduled Tribes (prevention of atrocities) Rules, 1955 to conduct further investigation in crime No.36 of 2003 on the file of the third respondent herein which is the subject matter of C.C.No.207 of 2003, before the Judicial magistrate, polur and to to direct the respondents 1 to 3 to take effective steps to provided relief to the petitioner and other victims subjected to atrocity as per the schedule to Annexure-1 of the Schedules Tribes (prevention of Atrocities) Rules, 1995.

(2.) MR. P. Rathinam, learned counsel appearing for the petitioner submitted that on 20.1.2003 at about 6.00 P.m., respondent Nos.4 to 12 in the Criminal original petition along with others attacked the revision petitioner, his brothers and father by abusing their community and thereby committed offence which would attract the provisions of I. P. C. and the provisions of Schedules Tribes (prevention of Atrocities) Act and the rules framed thereunder. However, it was compromised by the people in the village. Subsequently, on 20.1.2003 at about 8 p. m. the aforesaid respondents 4 to 12 along with others picked up quarrel against the petitioner and his family members and assaulted and caused injuries. Due to the injuries sustained by the petitioner, his two brothers and his father they were admitted in the hospital on 20.1.2003. On the third respondent police station came to the hospital on 20.1.2003. On the same day at about 2.00P.M., the police officials attached to the third respondent police station came to the hospital and recorded he statement of the petitioner. The petitioner and others were discharged from the hospital on 26.1.2003. The case was registered by the second respondent under sections 147, 148, 341,323,324 of IPC r/w. Section 3(1) (x) of the Scheduled caste and the Scheduled Tribes (prevention of Atrocities) Rules, 1989, in Crime No.35 of 2003 on 24.1.2003. However, for the reasons best known to the second respondent, the F.I.R was subsequently altered by deleting the provisions under the Scheduled Caste and the Scheduled Tribes (prevention of Atrocities) Rules, 1989 which is against law and therefore, the petitioner herein has filed this Criminal Original petition challenging the said order of altering the F.I.R. deleting the relevant provisions of Scheduled caste and the Schedules Tribes (prevention of Atrocities) Act on the same day.

(3.) IN the result, the Criminal Original petition is allowed and the first respondent is directed to depute a competent authority not below the rank of Deputy Superintendent of police as contemplated in Rule 7 of the Scheduled Caste and the Scheduled Tribes (prevention of Atrocities) Rules 1995, to take further investigation in Crime No.36 of 2003 on the file of the third respondent herein and proceed further according to law. The respondents 1 to 3 are also directed to take effective steps to provide relief to the petitioner and other victims of atrocity as per the Schedule to Annexure-1 of the scheduled Caste and the Scheduled Tribes (prevention of Atrocities) Rules, 1995 if offence under the special Act is established. The respondents 1 to 3 shall report the compliance of first direction to the registry of this Court, within three months from the date of this order.