Violation of Rule 7 of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) rules, 1995 would render the investigation illegal and vitiate the trial, leading to the quashing of orders taking cognizance and a direction for re-investigation by a competent officer.

L. MOHAPATRA, J.

( 1 ) ALL the above cases were taken up together for hearing since they involve same question of law.

( 2 ) QUESTION of law relates to interpretation of Rule 7 of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) rules, 1995 (hereinafter called the Rules ). The said Rule provides that an offence committed under the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) act, 1989 (hereinafter called the Act) shall be investigated by a police officer not below the rank of Deputy Superintendent of Police. Question raised before this Court is as to whether an offence committed under the act and investigated by an officer below the rank of D. S. P. is illegal so as to vitiate the trial if the same has not caused any prejudice to the accused.

( 3 ) RULE 7 of the aforesaid Rules only relates to an offence committed under the aforesaid Act and does not have general application. Section 4 of the Code of Criminal Procedure prescribes that all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Cr. P. C. It further provides that all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Section 5 of the Cr. P. C. is the saving provision and prescribes that nothing contained in the Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. Bare reading of the aforesaid two provisions clearly indicate that when a special law prescribe for a special form or procedure, the procedure contained in the cr. P. C. is not to be followed. Only when a special law of local law does not provide for procedure or dealing with offence under the said special or local Act, the procedure contained in the Cr. P. C. is to be followed. There is no dispute that the SC and ST (PA) Act, 1989 is a special Act and provides for a special procedure. Section 9 of the Act confers power on the State Government to make such provisions in respect of the matters as indicated in the said Section. Section 9 as stated above is quoted below :" (1) Notwithstanding anything contained in the Code or in any other provision. of this act, the State Government may, if it considers it necessary or expedient so to do, (a) for the prevention of and for coping with any offence under this Act, or (b) for any case or class of group of cases under this Act, in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Government the powers exercisable by a police officer under the Code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particular, the powers of arrest investigation and prosecution of persons before any Special Act. (2) All officers of police and all other officers of Government shall assist the officer referred to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made thereunder. (3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1 ). "similarly Section 23 of the Act empowers the Central Government to make such Rules for carrying out the purposes of the Act and in exercise of such powers the Central Government has framed SC and ST (PA), Rules, 1995, Rule 7 of the said Rules prescribes as follows :" (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 sha