Enquiry by acp prior to fir in sc st atrocity case

Dear Aditya,

There is no investigation without an FIR. Attrocities Act being a special statute, once FIR is there the police investigation is set in motion. As submitted, there cannot be an investigation unless there is a complaint or FIR, it does not amount to irregularity at all. Law being very specific to this effect that subsequent to FIR having been registered, the entire investigation shall be conducted by DSP of the area who need to be empowered by way of notification by the Government to investigate the matters under Attorcities Act.

Read the judgment of Dr.Arun Kumar Burnwal & Ors vs Available With The Learned State ... on 30 April, 2012, where in judgment has been delivered by Jharkhand High Court, Bench At Ranchi. I am annexing the copy of the same for your perusal.

I hope this satisfies your querry. In case of any further assistance feel free to communicate.

Dear Yougesh,

Please note thatat first instance when we made requestto file atroccity FIR, the officer-on-duty refused to file FIR. Instead, he filed FIR against us. Subsequintaly, the complaint was made to all higher police officers and state scst commission. When police station received direction to file FIR, before that they have done enquiry thru Police Inspector of Administation of Police Station, and later FIR was filed. After FIR was filed ACP took over investigation. It is about enquiry/investigation done prior to FIR which was done by Police Inspector. What is your views about the same?

Regards,

Aditya

Dear Yougesh,

Please note thatat first instance when we made requestto file atroccity FIR, the officer-on-duty refused to file FIR. Instead, he filed FIR against us. Subsequintaly, the complaint was made to all higher police officers and state scst commission. When police station received direction to file FIR, before that they have done enquiry thru Police Inspector of Administation of Police Station, and later FIR was filed. After FIR was filed ACP took over investigation. It is about enquiry/investigation done prior to FIR which was done by Police Inspector. What is your views about the same?

Regards,

Aditya

The inquiry which has been conducted prior to by the Inspector will as well be part of the investigation. The same being at preliminary stage and the same is for the purpose of ascertaining the fact whether really offence under the Act has been committed or not. Any offence thus if committed has to be reported to the concerned Police Station with in which it has taken place. The SHO is the officer who can hold a preliminary enquiry if he choose to if FIR is not registered. Till FIR is not registered, the preliminary enquiry conducted by the SHO or any of his subordinate does not vitiate the offence and is not termed as an irregularity.

As envisaged under the Act, once FIR is registered, the investigation has to be mandatorily conducted by Suprintendent of Police or equivalent officer specially nominated and entrusted with the powers in the Official Gazzette. If the investigation subsequent to registering FIR is not conducted by SP/DCP then it amounts to irregularity and vitiates the proceedings.

For enquiry conducted prior to FIR by Police Inspector is OK within the law.  Do you have any citatation to that effect  from Supreme Court/High Court?

Regards,

Aditya