Rongon Mukhopadhyay, J. - (1.) Heard Mr. Harendra Kumar Mahato, learned counsel appearing for the petitioner and Mr. Vijyant Verma, learned J. C. to G. P. - II. In this writ application the petitioner has prayed that the investigation into SC/ST /Gumla P. S. Case no. 07 of 2016 be handed over to the competent person in terms of the statute.
(2.) It has been stated by the learned counsel for the petitioner that the petitioner is Block Development Officer (B.D.O.) cum Circle Officer Kamdara Block who has been sought to be criminally prosecuted for the offence punishable under Sections 353, 509, 504, 332 of the Indian Penal Code and Sections 3(viii)(ix)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel submits that after institution of SC/ST /Gumla P. S. Case no. 07 of 2016 investigation has been handed over to Sub Inspector of Police, Dharmbir Singh, who is not competent in terms of the Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rule. Learned counsel submits that the counter affidavit although has stated about the fact that the Investigating Officer is competent person to investigate into an offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act but no document has been brought on record to substantiate such contention. Mr. Vijyant Verma, learned J. C. to G. P. - II, has opposed the prayer made by the petitioner and has stated that the Sub Inspector of police was competent to investigate into an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in view of the notification of the State Government.
(3.) It is not in dispute that the investigation into the offence is being carried out by the Sub Inspector of Police. Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rule reads as under:- "7. Investigating Officer. - (1) An offence committed under the Act shall be investigated by the police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government/Director General of Police/Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it alongwith right lines within the shortest possible time. (2) The investigating officer so appointed under sub-rule (1) shall complete the investigation on top priority basis within thirty days and submit the report to the Superintendent of Police who in turn will immediately forward the report to the Director General of Police to the State Government. (3)The Home Secretary and the Social Welfare Secretary to the State Government, Director of Prosecution, the officer incharge of prosecution and the Director General of Police shall review by the end of every quarter the position of all investigations done by the investigating officer.";