Question: Sub inspector is conducting investigation under SC/ST Act. In the first information report the specific allegations were made towards the offence punishable under Sections 3(i)(x) and 3(2)(v) S.C/S.T. Act along with Section 307 and 149 IPC. the investigation has been handed over to the sub inspector XXX. That sub inspector is conducting investigation under SC/ST Act. The offence is punishable under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Any remedy?
It is pertinent to mention that as per Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the offence committed under the S.C./S.T. Act should be investigated by a police officer holding the rank of Deputy Superintendent of Police or higher.
The provision mentioned is mandatory, and any violation of it would invalidate the investigation. In this situation, you should approach the Judicial Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC) to seek appropriate orders for transferring the investigation to a police officer of the rank of Deputy Superintendent of Police or higher
If you receive no response from the Judicial Magistrate under Section 156(3) CrPC, you have the option to approach the High Court under Section 482 CrPC. The High Court can then direct the state to transfer the investigation to the Circle Officer within whose territorial jurisdiction the offence is committed.
It is important to rectify this error before filing of the charge sheet, to prevent the accused from filing a petition in the High Court under Section 482 CrPC to seek the quashing of the charge sheet. Because if the sub inspector is conducting investigation under SC/ST Act and files charge sheet, it shall vitiate the investigation in per se. The high court will have no option except to quash the charge sheet. To avoid any untoward situation you should take prompt action to correct this legal impediment.
