Not Mandatory For The IO To File Chargesheet In Each FIR Lodged Under The SC-ST Act: Allahabad High Court
The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4(2)(e) of the 1989 Act and Rule 7(2) of the SC-ST Act Rules 1995...
The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.
The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4(2)(e) of the 1989 Act and Rule 7(2) of the SC-ST Act Rules 1995 only enjoins upon the IO to file such a charge sheet where, based on evidence collected during the investigation, the offence is made out.
The bench passed this order while dismissing a writ plea filed seeking, inter alia, a declaration to hold Section 4(2)(e) of the 1989 Act and Rule 7(2) of the 1995 rules as ultra-vires to Part III of the Constitution of India upto the extent they both necessarily directs for filing of 'charge sheet'.
It was the contention of the petitioner that since both the provisions (pertaining to the duty of the Investigating Officer) contain the word 'charge-sheet' instead of 'police report', therefore, in essence, the provisions made it mandatory for the IO to file a chargesheet even if no offence is made out under the SC-ST Act
Against this backdrop, at the outset, the Court perused both provisions to observe that the provisions have to be read and understood in a reasonable manner. The Court also added that the statutory provisions cannot be read, understood and applied in an unreasonable manner so as to lead to absurdity and/or to violate the fundamental rights of a citizen.
"What the aforesaid two provisions mean is that wherever the offence is made out as having been committed under the Act 1989 based on evidence collected during investigation, a charge-sheet is required to be filed as is mentioned therein. If the suggestion or argument of learned counsel for the petitioner is accepted that even if no offence is made out, the charge-sheet has necessarily to be filed or in every case where an FIR alleging the offence under the Act 1989 is lodged, the Investigating Officer is bound to file a charge-sheet with the Special Court or the Exclusive Special Court, it would be apparently unreasonable, absurd and hit by Articles 14 and 21 of the Constitution of India," the Court further clarified as it held that it is not necessary for the IO to file a chargsheet in each and every case under SC-ST Act.
Appearances
Counsel for Petitioner: Gyanendra Singh
Counsel for Respondent: A.S.G.I.
Case title - Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi and Others [CRIMINAL MISC. WRIT PETITION No. - 7522 of 2022]
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