K.B.SIDDAPPA
M. Niranjan Reddy – Appellant
Versus
State Of A. P. – Respondent
( 1 ) THIS revision is directed against the order passed by the VI Additional Metropolitan Sessions Judge, Secunderabad and Special Judge for trial of Offences under SC and ST (POA) Act, 1989. In this case, investigation was done by the Inspector of Police under Protection of Civil Rights Act. At the time of filing of the chargesheet it was found that the offences under SC and ST (POA) Act are committed and charge sheet was filed by Assistant Commissioner of Police, Asifnagar Division. This is questioned in these proceedings. The main contention is that, by virtue of Rule 7 of SC and ST (POA) Act, only the Deputy Superintendent of Police, specially empowered, shall investigate in the case. In the case on hand, admittedly Circle Inspector has investigated for the offences under Protection of Civil Rights Act. Therefore, charge sheet under SC and ST (POA) Act, cannot be filed on the basis of investigation done by the Circle Inspector of Police. It is not the case that the case involves all the offences under Protection of Civil Rights Act. Exclusive offences under SC and ST (POA) Act are made out against the accused and such charge sheet is not maintainable, as inve
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