Investigation In IPC Offences Cannot Be Quashed For Non Investigation Of SC-ST Offences By Competent Police Officer: SC [Read Judgment]

The Supreme Court has observed that, when the offence complained are both under Indian Penal Code and Scheduled Castes and Scheduled Tribes Act, the investigation which is being made by a competent police officer in accordance with the provisions of the Code cannot be quashed for non-­investigation of the offence under Section 3 of the Act by a competent. The Supreme Court has observed that, when the offence complained are both under Indian Penal Code and Scheduled Castes and Scheduled Tribes Act, the investigation which is being made by a competent police officer in accordance with the provisions of the Code cannot be quashed for non-­investigation of the offence under Section 3 of the Act by a competent police officer. In appeal, the bench comprising Justices Indu Malhotra and Ajay Rastogi agreed with the High Court observation to the extent that an officer below that rank cannot act as investigating officer in holding investigation in reference to the offences committed under any provisions of the SC-ST Act. Vs. Chunnilal @ Chunni Singh 2009 SCC 649, it said: Undisputedly, in the instant case, the respondents were charged under Sections 302/34, 404/34 IPC apart from Section 3 of the Act, 1989 and the charges under IPC have been framed after investigation by a competent police officer under the Code, in such a situation, in our view, the High Court has committed an apparent error in quashing the proceedings and discharging the respondents from the offences committed under the provisions of IPC where the investigation has been made by a competent police officer under the provisions of the Code.