JUDGMENT - PARKAR S.S., J.:---Rule. By consent rule is made returnable forthwith. Respondents waive service. Heard the Counsel.

2.The present petition is placed before this Bench pursuant to the reference made by the learned Single Judge of this Court by the order dated 11th December, 2001 on the ground that there is conflict of decisions in the judgments delivered by the two learned Single Judges of this Court, one in the case of (Ramnath Sadashiv Koltharkar v. State of Maharashtra)1, reported in 1999(5) Bom.C.R. 255, and the other in the case of (Yunus Daud Bhura v. State of Maharashtra)2, reported in 2002 Bom.C.R.(Cri.) (N.B.)383. Before both the courts the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rule 7 of the Rules of 1995 framed under the said Act were under consideration. Rule 7 was framed by the Central Government whereby it is provided that an offence committed under the provisions of the above Act shall be investigated by a Police Officer not below the rank of the Deputy Superintendent of Police. In the first case it was held by D.G. Deshpande, J., that the said rule is mandatory and non-compliance thereof vitiated th

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