JUDGMENT

B. P. DAS, J. — This application under Sec. 482 of the Code of Criminal Procedure calls in question the legality and validity of the order dated 5.2.2002 passed by the Sub-Divisional Magistrate, Bhadrak, in G.R.Case No. 154 of 2001 refusing to recall the order taking cognizance of the offences alleged to have been committed by the petitioners under Secs. 341/323/294/506/34 of the Indian Penal Code (‘I.P.C.’ in short) and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called the ‘Act’).

2. The petitioners in the aforesaid G.R.case filed an application to recall the order taking cognizance against them mainly on the ground that the investigation of the case had not been done in accordance with Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (“the Rules’ in short). The learned S.D.J.M. by the impugned order has rejected the said application with the following observations :

“....... On perusal of the C.D. it appears that the D.S.P. Shri B.K.Jena has been appointed by the S.P., Bhadrak to take charge of the investigation of this case who has submitted the charge-sheet under Sec