Result of U.P. Higher Judicial Service (Main Written) Examination, 2014 Direct Recruitment to U.P. Higher Judicial Service held on 14th, 15th and 16th November, 2014 has been declared. High Court of Madhya Pradesh, Jabalpur notified Advertisement for recruitment additional district judges through M.P. Higher Judicial Service (Entry Level) Direct Recruitment for BAR, Exam 2015 Haryana Judicial Services Examination 2014-Pre is conducted on 10th of Jan 2015. The result is awaited. THE HIGH COURT OF DELHI will hold examination for direct recruitment against 14 vacancies to Delhi Higher Judicial Service on Sunday, the 06th April,2014-Last Date 06.02.2014 13/11/2013: While renewing the term of the appointment of the existing incumbents the State Government is required to consider their past performance and conduct in the light of the recommendations made by the District Judges and the District Magistrates. Therefore, the High Court could not have issued a Mandamus for renewal of the term of respondent Nos. 1 and 2 and other similarly situated persons and thereby frustrated the provisions of LR Manual and Section 24 Cr.P.C .- SUPREME COURT.
HIGH COURT JUDGEMENT
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  Date 10/12/2009 12:00:00 AM
  Court Allahabad High Court
  Parties Jwahir Sharma & Another Vs. State Of U.P. & Another
  Appeal Writ Petition - 14370 of 2009
  Act SC/ST Act - 482 Cr.P.C.
  Judgement
  Hon. Vijay Kumar Verma,J. "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 06.03.2009 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-1/1996 at P.S. Cholapur, District Varanasi on the basis of the FIR lodged by Swarup Ram (O.P. No. 2 herein) against the applicants and other accused. After investigation, chargesheet 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. 3.I have heard arguments of Sri S.D. Ojha, Advocate appearing for the applicants and AGA for the State. 4.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, chargesheet 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 chargesheet 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. 5.In reply, it was submitted by learned AGA that chargesheet was submitted by the Circle Officer concerned and hence, interference by this court in the impugned order would not be justified as no prejudice was caused to the applicants by carrying out the investigation by the Sub-Inspector. 6.Having taken the submissions made by learned counsel for the parties into consideration, I am of the opinion that chargesheet for the offence under section 3(1)(X) SC/ST Act submitted by the Circle Officer concerned on the basis of the investigation carried out by the Sub-Inspector Bhim Narain Twari was not valid and hence, the charge framed under section 3(1)(X) SC/ST Act against the applicants is liable to be quashed, because their trial for the offence under SC/ST Act can not proceed, as the chargesheet was filed on the basis of the investigation carried out by the Sub-Inspector, who was not authorized to make investigation of the offences punishable under SC/ST Act. 7.For appreciating the rival submissions, reference needs to be made to Section 9 of the Act and Rule 7 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as the `Rules). Section 9 of the Act and Rule 7 of the Rules read as follows: "Section 9-Conferment of powers.-- (1) Notwithstanding anything contained in the code or in any other provision of this Act, the State Government may, if it considers it necessary or expedient so to so,- (a) for the prevention of coping with any offence under this act, or (b) for any case of class of group of cases under this Act, in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Government the powers exercisable by a police officer under the Code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particulars, the powers of arrest, investigation and prosecution of persons before any Special Court. (2) All officers of police and all other officers of Government shall assist the officer referred to in Sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made thereunder. (3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under Sub-section (1)." "Rule 7-Investigating Officer,-- (1) An offence committed under the Act shall be investigated by a 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 post experience sense of ability and justice to perceive the implications: of the case and investigate it along with right lines within the shortest possible time. (2) The Investigating Officer so appointed under Sub-rule (1) shall complete the investigation on top priority 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 of the State Government. (3) The Home Secretary and the Social Welfare Secretary to the State Government, Director of Prosecution, the Officer-in- charge of Prosecution and the Director-General of Police shall review by the end of every quarter the position of all investigation done by the Investigating Officer." 8.As would appear from Rule 7 of the Rules, 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 investigation of an offence under this Act made by an Officer not appointed in terms of Rule 7 is illegal and invalid. This matter has been considered by the Honble Apex Court recently in the case of State of M.P. Vs. Chunni Lal @ Chunni Singh 2009(65) ACC 652. In that case also, chargesheet under certain sections of Indian Penal Code and Section 3(1)(X) SC/ST Act was filed on the basis of the investigation, which was carried out by a police officer, who was not authorized to make investigation in terms of Rule 7 of the Rules. On the matter being challenged by the accused persons, the High Court of Madhya Pradesh had quashed the entire proceedings against the accused persons. State of Madhya Pradesh preferred appeal before the Honble Apex Court. After making reference of Section 9 of SC/ST Act and Rule 7 of the Rules, the Honble Apex Court has held that trial of the accused under section 3 of SC/ST Act can not proceed, but trial may be made for the offences under Indian Penal Code. The following observations made by Honble Apex Court in para 6 of State of Madhya Pradesh Vs. Chunnilal @ Chunni Singh (supra) are worth mentioning:- "By virtue of its enabling power, it is the duty and responsibility of the State Government to issue notification conferring power of investigation of cases by notified police officer not below the rank of Deputy Superintendent of Police for different areas in the police districts. Rule 7 of the Rules provided rank of investigation officer to be not below the rank of Deputy Superintendent of Police. An officer below that rank cannot act as investigating officer. The provisions in Section 9 of the Act, Rule 7 of the Rules and Section 4 of the Code when jointly read lead to an irresistible conclusion that the investigation to an offence under Section 3 of the Act by an officer not appointed in terms of Rule 7 is illegal and invalid. But when the offence complained are both under the I.P.C. and any of the offence enumerated in section 4 of the Act the investigation which is being made by a competent police officer in accordance with the provisions of the Code cannot be quashed for non investigation of the offence under section 3 of the Act by a competent police officer. In such a situation the proceedings shall proceed in appropriate Court for the offences punishable under the I.P.C. notwithstanding investigation and the charge sheet being not liable to be accepted only in respect of offence under section 3 of the Act for taking cognizance of that offence." 9.Keeping in view aforesaid observations made by the Honble Apex Court, in present case also, charge framed by the court below against the applicants under section 3(1)(X) SC/ST Act has to be quashed, because investigation for the offence under section 3 of SC/ST Act by Sub-Inspector Bhim Narayan Tiwari was illegal and invalid as held by Honble Apex Court. From the impugned order, it transpires that entire investigation was made by S.I. Bhim Narain Tiwari and on the basis of that very investigation, chargesheet was submitted by the then Circle Officer, Cholapur. By virtue of Rule 7 of the Rules framed under SC/ST Act, S.I. Bhim Narayan Tiwari was not authorized to carry out the investigation of the offences punishable under SC/ST Act. Therefore, the illegality committed by S.I. Bhim Narayan Tiwari in carrying out the investigation of the offence punishable under section 3(1)(X) SC/ST Act can not be cured by submitting the chargesheet by Circle Officer concerned, because investigation for the offences under SC/ST Act can not be made by a police officer not below the rank of Deputy Superintendent of Police as provided in Rule 7 ibid. Submission of the chargesheet for the offence under section 3(1)(X) SC/ST Act by Circle Officer on the basis of the investigation carried out by Sub-Inspector is not legal and valid. Therefore, trial of the applicants for the offence under section 3(1) (X) SC/ST Act can not proceed as investigation for this offence was made by a police officer, who was not authorized to carry out the investigation for the offences punishable under SC/ST Act. However, trial of the applicants for the offences under Indian Penal Code would be continued, but the case may be transferred to the Chief Judicial Magistrate, Varanasi as provided under Section 228 Cr.P.C., as after quashing the charge under section 3(1)(X) SC/ST Act, other offences for which the applicants have been charged are triable by the Court of Magistrate. 10.Consequently, the application under Section 482 Cr.P.C. is allowed. Setting aside the impugned order dated 06.03.2009, passed by the Special Judge, SC/ST Act Varanasi in S.T. No. 623 of 2003 (State Vs. Lallan Sharma and others), the charge under section 3(1)(X) SC/ST Act framed by the court below against the applicants is quashed, but the trial for the offences under Indian Penal Code would be continued, which may be transferred to the Chief Judicial Magistrate, Varanasi as stated herein-above.