R.S.Garg, J.

1. Heard learned Counsel for the parties.

2. This order shall dispose of Cr. Misc. No. 24542/2001 (Sant Bilash Singh and Ors. V/s. The State of Bihar and Anr.,) Cr. Misc. No. 25173/2001 (Rama Ashray Mauar@ Tuntun Mauar V/s. The State of Bihar,) and Cr. Misc. No. 28134/2001 (Rama Kant Sao and Ors. V/s. The State of Bihar and Anr).

3. Learned Counsel for the applicant submitted that in accordance with Rule 7 the investigation was to be made by an officer not below the rank of Dy. S.P. and as the investigation was made by an officer not authorised by the State Government u/s. 9 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act), the investigation is ab-initio-void and the charge-sheet could not be submitted. It is contended that if no investigation could be made or the charge-sheet could not be submitted by he concerned police officer, the Court below could not take cognizance in the subject. Though the Counsel for the applicants made a submission that on the allegations contained in the private complaint or in the First Information Report an offence punishable under the provisions of the Act are not made out but even at this stage 1 must reject that argument because the complainant in unequivocal terms in the complaint so also in the verification statements have alleged the commission of the offence punishable under the provisions of the Act.

4. The other side in Cr. Misc. No., 24542/2001 has submitted the counter annexed with a notification dated 2-6-2002 inter alia submitting that the State Government in exercise of its powers u/s. 9 of the Act has authorised all the officers of the rank of Police Inspectors, Sub Inspector of Police and Assistant Sub-Inspector of Police to investigate the cases with effect from 31-3-1995, the date of coming into force of the Act, the applicants cannot now raise the argument that there was no proper authorization in favour of the investigation officer.

5. Placing reliance upon a judgment of this Curt in the matter of Mohan Choudhary V/s. State of Bihar, 2000 (1) PUR 889, it is contended by the applicants that the offence cannot be investigated by any person below the rank of Dy, S.P. and unless there is a special authorization in favour of such an officer by the State Government u/s. 9 of the Act neither the offence could be investigated nor the charge-sheet could be filed nor the cognizance could be taken.

6. For proper appreciation of this argument, it would be necessary to see Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Rules), 1995, which reads as under:-

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"(7) Investigating Officer.--(1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government/ Director General of Police/Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it alongwith right lines within the shortest 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 forward the report of the Director General of Police of the State Government.

(3) The Home Secretary, Welfare Secretary to the State Government. Director of Prosecution, the officer incharge 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."

7. According to Rule 7, if it holds the field and there is nothing contrary to Rule 7, an offence committed under the Act shall be investigated by the Police Officer not below the rank of Deputy Superintendent of Police. Such investigating officer has to be appointed by the State Government/Director