Charge Sheet Not Mandatory in Every Case of SC-ST Act: In an important decision, the Lucknow bench of the Allahabad High Court has clarified the provisions of the Scheduled Castes, Scheduled Tribes (SC / ST) Act, saying that it is not mandatory for the adjudicating officer in the cases registered under the relevant law. That he should file charge sheet in every case.
The court said that chargesheet can be filed only in those cases where a case is made out under the relevant act on the basis of evidence.
The petitioner had made this request in the court
This decision was passed by the bench of Justice Rajan Roy and Justice Sanjay Kumar Pachauri on the petition of Gyanendra Maurya alias Gullu. The petitioner had demanded that Section 4 (2) (E) of the Act and Rule 7 (2) of the Scheduled Caste-Tribe (Prevention of Atrocities) Rules be declared unconstitutional. He said that Section 4(2)(E) and Rule 7(2) of the Act oblige the Investigating Officer to file the charge sheet in the Special Court.
The petition states that both the provisions use the word ‘charge sheet’ which means that the investigating officer can only file a ‘charge sheet’ against the accused, even if no evidence is found against the accused during the investigation. Is not free to file the ‘Final Report’.
‘It is not mandatory to file charge sheet’
Rejecting the argument of the petitioner, the bench said that there is doubt in the mind of the petitioner due to the use of the word ‘charge sheet’ instead of ‘police report’ in the said provisions. The court said that the above provisions need to be read in a rational manner, legal provisions cannot be read in an irrational manner.
In its judgment, the court said that it is clarified that it is not mandatory for the investigating officer to file a charge sheet in every FIR registered under the said Act.
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