STATE OF ANDHRA PRADESH v.

VISWANADULA CHETTI BABU ETC. (Criminal Appeal No. 131 of 2004 etc.)

SEPTEMBER 30,2010

[Harjit Singh Bedi and Chandramauli Kr. Prasad, JJ.] 2010(11) SCR 868

The following Order of the Court was delivered  

O R D E R

We have heard learned counsel for the parties.

Rule  7  of  the  Scheduled  Castes  and  Scheduled  Tribes  

(Prevention  of  Atrocities)  Rules,  1995,  framed  under  the  Andhra  

Pradesh  Scheduled  Caste  and  Scheduled  Tribes  (Prevention  of  

Atrocities) Act, 1989 reads as under:

“7. Investigating Officer (1) An offence committed under the Act  

shall be investigated by a police officer not below the rank of 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 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 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  investigations done by the  

investigating officer.”

A  bare  perusal  of  the  Rule  would  reveal  that  the  State  

Government/the Director General of Police/ Superintendent of Police  

after  taking  into  account  the  experience  etc.  of  a  Deputy  

Superintendent  of  Police  shall  appoint  him  as  the  Investigating

Officer in cases under the above Act. Sub-rule (3) further provides  

that  the Home Secretary  and the Social  Welfare Secretary to  the  

Government and other officers in charge shall review the working of  

the Deputy Superintendent of Police and the investigations done by  

him at the end of every quarter. It is therefore apparent that authority  

to investigate has to be conferred on a specified officer not below the  

rank of Deputy Superintendent of Police.

We  are,  therefore,  of  the  opinion  that  in  view  of  the  clear  

mandate of the Rules, it was only a specified Deputy Superintendent  

of  Police  who  could  investigate  an  offence  under  the  Act.  An  

investigation done by any officer below that rank and not specified as  

per Rule 7 would not be entitled to investigate any such offence. In  

the present matter the investigation has been made by an officer of  

the  rank  of  an  Assistant  Sub-Inspector  of  Police.  This  was  not  

permissible.  We  endorse  the  judgment  of  the  High  Court  in  this  

respect.

The appeals stand dismissed.