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2004 Supreme(Ori) 102

L.MOHAPATRA
CHANDRA SEKHAR PANL – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.MOHANTY, A.N.SAMANTRAY, B.MOHANTY, B.R.DAS, D.K.Mishra, DEBASIS SARANGI, DHANAJAYA MUND, G.C.ROUT, G.K.Nayak, K.BEHERA, K.Das, K.N.PATNAIK, M.M.SATPATHY, M.R.MISHRA, N.SAHANI, N.SAHU, NILAKANTHA JUJHARSINGH, P.A.SINHA, P.K.KUNDU, P.K.MOHANTY, P.R.MISHRA, R.K.Nayak, R.MAHALIK, S.C.BEURA, S.C.PUSPALAKA, S.DAS GUPTA, S.K.TRIPATHI, S.Mishra, S.R.PANI, Sourya Sundar Das, T.K.SWAIN

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








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