Lapses in the investigation under SC/ST Act. In a case under the SC/ST Act, a sub-inspector conducted the investigation, while the Assistant Commissioner of Police (ACP) merely signed the chargesheet without visiting the scene of the crime, conducting physical investigations, or gathering statements and evidence. Proxy investigation was carried out by the sub-inspector, and the ACP’s signatures on documents lacked memo numbers and seals. The victim did not receive protection under Section 164 of the CrPC, while witnesses for the accused did. The police also removed the SC/ST sections from all accused individuals and omitted the prime accused’s name from the chargesheet.
Subsequently, the lower district court disposed of the case, removing the SC/ST sections, and transferred it to another court. Meanwhile, the accused and their associates filed numerous counter cases against the SC/ST victim. This situation calls for urgent attention and intervention.
Asked from: Uttar Pradesh
The trial court is not bound to accept the charge sheet submitted by the investigating officer. If there are a lot of lapses in the investigation, the trial court, instead of taking cognisance of the offence, should pass an order for reinvestigation. However, lapses in the investigation does not give any advantage to the accused but the trial court has the duty to check the veracity of investigation.
In your case, reinvestigation is mandatory for the ends of justice. You should file a protest petition before the same trial court where the case has been transferred. It is not clear from your question whether the case has been transferred after the framing of charges or not. Lapses in the investigation under SC/ST Act is a matter of concern, therefore, you should immediately take measures to ensure just and fair investigation.
If the case has been transferred after the framing of charges, you should move a petition in the High Court under Section 482 of the Code of Criminal Procedure for a stay of the proceedings and for reinvestigation. For more legal help please visit Kanoon India.
