D. R. MEGHWAL Vs. STATE

JUDGEMENT

(1.) 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.