Hon’ble Vijay Kumar Verma, J.—“What will be the effect and consequence of carrying out investigation by an unauthorized police officer for the offences under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (in short, ‘the SC/ST Act’),” is the only legal question that falls for consideration in this application under Section 482 of the Code of Criminal Procedure (in short, ‘the Cr.P.C.’) by means of which, order dated 6.3.2009 passed by the Special Judge, SC/ST Act, Varanasi in S.T. No. 623 of 2003 under Sections 452, 323, 504 and 506, IPC and Section 3(1)(X) SC/ST Act P.S. Cholapur, District Varanasi has been challenged. By the impugned order, application of the applicants-accused for quashing the proceeding of the Session Trial and sending the matter back to the lower Court for further action has been rejected.

2. Shorn of unnecessary details, the facts leading to the filing of this application, in brief, are that a case under Sections 452, 323, 504, 506, IPC and Section 3(1)(X) SC/ST Act was registered at case crime No. C-1/1996 at P.S. Cholapur, District Varanasi on the basis of the FIR lodged by Swarup Ram (O.P. No. 2 herein) against the applicants and other accused. After investigation, chargesheet was submitted under aforesaid sections and on the case being committed for trial, S.T. No. 623 of 2003 was registered. After framing charges, the applicants-accused moved an application (paper No. 21-B) in the Court of Special Judge, SC/ST Act, Varanasi for quashing the proceeding of the case under SC/ST Act and sending the file to lower Court for further action. This application has been rejected vide impugned order, which has been challenged in this proceeding under Section 482, Cr.P.C.

3. I have heard arguments of Sri S.D. Ojha, Advocate appearing for the applicants and AGA for the State.

4. It was vehemently contended by learned counsel for the applicants that investigation for the offences punishable under SC/ST Act can be made by a police officer not below the rank of Deputy Superintendent of Police and since in present case, the investigation was made by Sub-Inspector and on the basis of that investigation, chargesheet has been submitted by Circle Officer concerned, hence the case under Section 3(1)(X) SC/ST Act cannot proceed against the applicants. For this submission, my attention was drawn towards Section 9 of SC/ST Act and Rule 7 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995. The contention of the learned counsel for the applicants was that Sub- Inspector is not authorized to carry out the investigation of the offences under SC/ST Act and hence, the chargesheet submitted in present case for the offence under Section 3(1)(X) SC/ST Act was illegal, on which cognizance could not be taken against the applicants and hence, the impugned order being illegal should be set-aside and the charge framed against the applicants-accused under Section 3(1)(X) SC/ST Act be quashed.

5. In reply, it was submitted by learned AGA that chargesheet was submitted by the Circle Officer concerned and hence, interference by this Court in the impugned order would not be justified as no prejudice was caused to the applicants by carrying out the investigation by the Sub-Inspector.

6. Having taken the submissions made by learned counsel for the parties into consideration, I am of the opinion that chargesheet for the offence under Section 3(1)(X) SC/ST Act submitted by the Circle Officer concerned on the basis of the investigation carried out by the Sub-Inspector Bhim Narain Tewari was not valid and hence, the charge framed under Section 3(1)(X) SC/ST Act against the applicants is liable to be quashed, because their trial for the offence under SC/ST Act cannot proceed, as the chargesheet was filed on the basis of the investigation carried out by the Sub-Inspector, who was not authorized to make investigation of the offences punishable under SC/ST Act.

7. For appreciating the rival submiss