IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46920 of 2008 Rukhsana Khatoon & Ors Versus The State Of Bihar & Anr ---------------------------------- 02. 08.09.2011 This is an application for quashing the order of cognizance dated 22.9.2007 taken by the learned C.J.M., Madhubani under Sections- 341, 342,323,504/34 of the I.P.C. and Section 3(i)(x) of S.C./S.T. Act including the entire criminal proceeding arising out of G.R. No.1026 of 2007 Bisfi (Ounsi O.P.) P. S. Case No.69 of 2007, Tr. No.236 of 2008. Heard learned counsel for the petitioners and learned counsel for the State. Allegation against petitioners is that informant’s wife Mukhiya of Gram Panchayat Raj Ounsi, Babanganwa South was at Middle School in Aam Sabha, there was hue and cry. Informant asked the reason behind the same upon which petitioner No.1 and her husband abused him in name of his caste Dhobi further ordered to assault. He was assaulted by pressing his neck by means of Gamchha. Petitioner No.12 also abused him in name of his caste. He was dragged, his wife was also assaulted. Cognizance is taken in the case for the offence under Sections 341, 342, 323, 504/34 of the I.P.C. and Section 3(i)(x) of S.C./S.T. Act, which is challenged to be quashed along with whole prosecution on the ground that investigation has been conducted by incompetent police official. It is admitted to the parties that investigation was conducted in between 03.6.2002 to 09.8.2008. Both the dates are relevant as Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 rules 2 appeared in 1995 prohibiting investigation of the case by the Officer not below in rank of Deputy Superintendent of Police. Further a Notification dated 03.6.2002 introduced authorizing the Officers of the rank of Inspector, Sub-inspector and Assistant Sub-inspector of Police to investigate the cases with retrospective effect that is from 31.3.1995. This Notification published in Official Gazette on 09.8.2008, its validity including its retrospective effect was challenged by filing C.W.J.C. Nos. 7489 of 2006, 16407 of 2007, 15490 of 2008 and 18736 of 2008. The same is decided by a Division Bench of this Court reported in 2011(1) P.L.J.R. 1097. Notification under challenged is decided valid (not ultra-vires) with its retrospective effect with one more specification that the investigation conducted during the period 03.6.2002 to 09.8.2008 is not legal (without jurisdiction), if charge sheet is submitted before 09.8.2008. Admittedly, in the instant case, charge sheet is submitted earlier to 09.8.2008 and investigation is conducted by an Officer below the rank of Deputy Superintendent of Police. Now the next question arises as to whether an investigation for offences committed under Indian Penal Code along with S.C. & S.T. (Prevention of Atrocities) Act can also be said without jurisdiction liable to be quashed or for the offence under S.C.S.T. (Prevention of Atrocities) Act only. In the above cited Division Bench case, accused of C.W.J.C. No.16407 of 2007 and C.W.J.C. No.15490 of 2008 are alleged for offences under Indian Penal Code and other Penal acts also. Further reference is made of 2002 Criminal Law Journal 3798, a decision of Jharkhand High Court in Cr. Misc. Petition No.4548 of 3 2001 and 2003 Criminal Law Journal 790 Bombay High Court in Criminal Writ Petition No.1310 of 2001, decided by a Division Bench, but for the offences exclusively for the offence under S.C.S.T. (Prevention of Atrocities) Act in which their Lordships though quashed the investigation, but directed for re-investigation. In 2002 Criminal Law Journal 3798, case was for the offence under S.C.S.T. (Prevention of Atrocities) Act as well as of Indian Penal Code. Investigation in that case conducted during the relevant period for the offence under S.C.S.T. (Prevention of Atrocities) Act is quashed and investigation that for the offence under the Indian Penal Code is kept intact as in the instant case. In Division Bench case of 2011(1) P.L.J.R.1097, this aspect is untouched rather cases are disposed of. As instant case is also for the offence under S.C.S.T. (Prevention of Atrocities) Act and I.P.C. Act as of Jharkhand High Court, case reported in 2002(4), 3798, so, the cognizance basing investigation by the Officer below the rank of Deputy Superintendent of Police for the offence under S.C.S.T. (Prevention of Atrocities) Act is quashed while that is left intact for the offence under Indian Penal Code. Accordingly, this quashing application is disposed of. Vikash AFR ( Mandhata Singh, J.)