STATE OF ANDHRA PRADESHversusVISWANADULA CHETTI BABU ETC.

                      [2010] 11 S.C.R. 868


A
                 STATE OF ANDHRA PRADESH
                                 v.
               VISWANADULA CHETTI BABU ETC.
              (Criminal Appeal No. 131 of 2004 etc.)
B                     SEPTEMBER 30,2010
       [HARJIT SINGH BEDI AND CHANDRAMAULI KR.
                      PRASAD, JJ.]

c      SCHEDULED CASTES AND SCHEDULED TRIBES
    (PREVENTION OF ATROCITIES) RULES, 1995:

       r. 7 - Investigating Officer -Held: In view of the clear
  mandate of the Rules, it was only a specified Deputy
  Superintendent of Police who could investigate an offence
D under the Act - Any officer below that rank and not specified
  as per Rule 7, would not be entitled to investigate any such
  offence - In the instant case, the investigation has been
  made by an officer of the rank of an Assistant Sub-Inspector
  of Police - This was not permissible - The Judgment of the
E High Court in this respect, upheld -Investigation.

        CRIMINAL APP ELLATE JURISDICTION : Criminal Appeal
    No.131 of2004.

F       From the Judgment & Order dated 24.7.2002 of the High
    Court of Judicature of Andhra Pradesh at Hyderabad in
    Criminal Appeal No. 1016 of 1996.

        I. Venkata Narayana, D. Mahesh Babu and D. Bharati
    Reddy for the Appellant.
G
        Leela Sarveswar and V.N. Raghupathy for the Respondent.

        The following Order of the Court was delivered


H                              868
 STATE OF ANDHRA PRADESH v. VISWANADULA                      869
             CHETTI BABU ETC.
                          ORDER                                      A

    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             B
of Atrocities) Act, 1989 reads as under:

           "7. Investigating Officer (1) An offence·committed
    under thE! Act shall be investigated by a police offiGer not
    below the rank of Deputy Superintendent of Police. The           c
    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     D
    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            E
    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                   F
    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          G
Government/the Director General of Police/ SuperintE!ndent 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              H
    870       SUPREME COURT REPORTS                [2010] 11 S.C.R.


A   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
B   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
C 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 raf!k of an
  Assistant Sub-Inspector of Police. This was not permissible. We
  endorse the judgment of the High Court in this respect.
D
           The appeals stand dismissed.

    R.P.                                       Appeals dismissed.