CHANDU RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for State as also learned counsel for the accused opposite parties.

(2.) THE petitioner is aggrieved by order dated 1.9.2009 by the learned 1st Additional Sessions Judge -cum -special Judge. S.C. and S.T. (Prevention of Atrocities) Act, Garhwa, in S.C. and S.T. Case No.2 of 2009, arising out of Complaint case No. 742 of 2006. whereby the application filed by the accused opposite parties under Section 227 of the Cr PC. was allowed by the Court below holding that the procedure prescribed under Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules (herein after referred to as the said Rules) was not followed in the case and other offences being triable by a Magistrate the learned special Judge accordingly, remitted the case back to the court of sub -divisional, Judicial Magistrate Gahrwa, for trial in accordance with law.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, inasmuch as the procedure prescribed under Rule 7 of the said Rules had been complied with, as upon remand of the case to the Court of SDJM, the Court called for an enquiry report from the Deputy Superintendent of Police, Garhwa,