Name of the Case: State of Madhya Pradesh vs. Babbu Rathore
Case No: Criminal Appeal No 123 of 2020
Bench: Hon’ble Justice Indu Malhotra and Ajay Rastogi
The Hon’ble Supreme Court has decided that in an event of a complaint under the Indian Penal Code and the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities Act) the investigation which is made by a competent police officer which is in accordance with the code later cannot be quashed for non-investigation of the offences under Section 3 of the Act by the Competent police officer.
Facts:
The facts, in brief, are that the deceased Baiskahku in a drunken state met Kamla Prajapati on road to Ward 10, Pasia, Annnupur, Madhya Pradesh. Kamla took him to house, the deceased took that he has to return 250 Rs. to Nasru and requested him to take to his place. Kamla took him to the house of Nasru where the accused Babbu Rathore was drinking. Kamla left the house after leaving Baisakhu there. The dead body of Baiskahku was found on 14th July 2011.
Features:
- Accused was charged for the offences under Section 302/34, 494/34 of the IPC.
- Also tired under Section 3(2) of the SC-ST Act.
- HC quashed the case on the grounds that the investigation was conducted by the officer below the rank of deputy superintendent of police.
The Supreme Court verdict:
The Supreme Court agreed with the viewpoints of the HC that the officer below the rank of investigating officer cannot act under offences under any provision of the SC-ST Act. The Supreme Court interpreted rule 7 of the rules 1995 which provides the not below the rank of the deputy superintend of police to investigate cases under the SC-ST Act.
However, the supreme court referred the judgement made in State of M.P. vs. Chunnilal, a 2009 case which stated that the respondent was charged under Section 302 and 404 of the IPC and the charges under IPC have been framed by a competent police officer as under the code and the HC has committed an error in quashing the proceeding and discharging the respondents from the offences under IPC where the investigation was made by the competent police officer.
Thus it was held that the trial in respect of the offences punishable under the IPC can proceed with accordance with law
Edited by Vartika Gajendra Singh
Approved & Published – Sakshi Raje
