The court confirmed adherence to Supreme Court directives in the inquiry process under the SC/ST Act, emphasizing the procedural framework of the Criminal Procedure Code.

ORDER

The petitioner herein is the complainant in Crl.MP No.2215/18 filed before the Court of Session, Thrissur. (Special Court under the provisions of the SC/ST Act). On 18.07.2018, the learned Sessions Judge forwarded the complaint to the Deputy Superintendent of Police, Thrissur for preliminary enquiry in view of the directions of the Honourable Supreme Court in Subash Kashinath Mahajan v. State of Maharashtra [2018(2) KLT 33]. The Deputy Superintendent of Police is directed to submit report within 90 days. The petitioner is aggrieved by the said order, and it is sought to be set aside. His grievance is that his complaint was wrongly forwarded for necessary enquiry, and the Court also erred in granting 90 days to the police to make necessary enquiry. A report was called for from the learned Special Judge whether the complaint was forwarded after the enquiry under Section 200 Cr.P.C.. The Court was also required to explain why a long period of 90 days was given to the police for conducting enquiry and submit report. Now there is report from the learned Special Judge that the complaint was forwarded only for a preliminary enquiry, and the course of action on the complaint will be decided after report of enquiry is received. After receiving the said report, the Court can decide either to act under Section 156(3) Cr.P.C. or to proceed under Sections 200 and 202 Cr.P.C. The complaint was forwarded by the learned Special Judge in compliance of the directions of the Honourable Supreme Court, and so the petitioner cannot have any grievance regarding the said order. His contention is that the Parliament has now amended the SC/ST Act to dispense with enquiries as ordered by the Honourable Supreme Court. Ofcourse, it is not known whether the amendment has come into force. Anyway, that amendment will not have prospective effect. As regards the period of 90 days given for enquiry the learned Special Judge has reported that it was an oversight, and what the Court really meant is a period of 30 days. He has also reported that the Deputy Superintendent of Police has been directed to complete the enquiry immediately, and submit report. The learned Public Prosecutor also submitted before this Court that the report of enquiry will be submitted very soon. in the above circumstances, the petitioner cannot have any grievance practically. Accepting the report of the learned Special Judge, this Crl.M.C. is disposed of.

Sd/-

P.UBAID

rkj JUDGE

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 A TRUE COPY OF THE PRIVATE COMPLAINT FIELD BY THE PETITIONER BEFORE THE SESSIONS COURT, THRISSUR.

ANNEXURE A2 CERTIFIED COPY OF THE ORDER IN CRL.M.P. NO.

2215/2018 DATED 18.7.2018 OF THE SESSIONS COURT, THRISSUR.

ANNEXURE A3 A COPY OF THE AMENDMENT TO SCHEDULED CASTE AND SCHEDULED TRIBES (ATROCITIES OF PREVENTION) ACT PUBLISHED IN INDIA GAZETTE DATED 17.8.2018.

RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE