- (1.) THIS Criminal Misc. Petition u/s 482 Cr.P.C. has been filed to quash the proceedings of Crl. Case No. 3850 of 2006 (State Versus Yogesh Mishra and Ors.) arising out of case Crime No. 31 of 2006, under sections 323, 325, 504, 506 Indian Penal Code (for short 'I.P.C.') and Section 3(1)X Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') relating to Police Station ­ Kandhai, District ­ Pratapgarh, pending in the court of Judicial Magistrate, Pratapgarh, the order dated 19.8.2006 summoning the petitioner to face the trial (Annexure 2 to the petitioner) and non- bailable warrant by order dated 22.9.2011.
(2.) I have heard learned counsel for the petitioner and learned A.G.A. The proceedings sought to be quashed on the sole ground that in this case the investigation has not been conducted by a competent Police Officer as required under Rule 7 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rules, 1995 ( in short 'The Rules') framed under the SC/ST Act. Hence, prosecution launched on the basis of such police report is without jurisdiction and liable to be quashed.
(3.) THE only question raised before this court is in regard to competence of the Investigating Officer to conduct the investigation and its effect ?;