VIJAY KUMAR VERMA,J. - (1.) "What will be the effect and consequence of carry­ing out investigation by an unauthorized police officer for the offences under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act (in short, 'the SC/ST Act')," is the only legal question that falls for consideration in this application under section 482 of the Code of Criminal Procedure (in short, 'the Cr.P.C.') by means of which, order dated 6.3.2009 passed by the Special Judge, SC/ST Act, Varanasi in S.T. No. 623 of 2003 under section 452. 323, 504, 506, IPC and section 3(1)(x) SC/ST Act P.S. Cholapur, District Varanasi has been challenged. By the impugned order, appli­cation of the applicants-accused for quashing the proceeding of the Session Trial and sending the matter back to the lower Court for further action has been re­jected.
(2.) SHORN of unnecessary details, the facts leading to the filing of this applica­tion, in brief, are that a case under sections 452, 323, 504, 506, IPC and section 3(1) (x) SC/ST Act was registered at case crime No. C-l/1996 at P.S. Cholapur, District Varanasi on the basis of the FIR lodged by Swamp Ram (O.P. No. 2 herein) against the applicants and other accused. After inves­tigation, charge-sheet was submitted under aforesaid sections and on the case being committed for trial, S.T. No. 623 of 2003 was registered. After framing charges, the applicants-accused moved an application (paper No. 21-B) in the Court of Special Judge, SC/ST Act, Varanasi for quashing the proceeding of the case under SC/ST Act and sending the file to lower Court for further action. This application has been rejected vide impugned order, which has been challenged in this proceeding under section 482, Cr.P.C. I have heard arguments of Sri S.D. Ojha, Advocate appearing for the appli­cants and AGA for the State.
(3.) IT was vehemently contended by learned Counsel for the applicants that in­vestigation for the offences punishable un­der SC/ST Act can be made by a police officer not below the rank of Deputy Super­intendent of Police and since in present case, the investigation was made by Sub-Inspector and on the basis of that investi­gation, charge-sheet has been submitted by Circle Officer concerned, hence the case under section 3(1)(x) SC/ST Act can not proceed against the applicants. For this submission, my attention was drawn to­wards section 9 of SC/ST Act and Rule 7 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The contention of the learned Counsel for the applicants was that Sub-Inspector is not authorized to carry out the investigation of the offences under SC/ST Act and hence, the charge-sheet submitted in present case for the offence under section 3(1)(x) SC/ST Act was illegal, on which cognizance could not be taken against the applicants and hence, the impugned order being illegal should be set-aside and the charge framed against the applicants-accused under sec­tion 3(1)(x) SC/ST Act be quashed.;