TMI Blog2017 (11) TMI 2037X X X X Extracts X X X X X X X X Extracts X X X X ..... by Respondent No. 2 before the Commission. It is not clear as to whether the Commission had conducted any inquiry before issuing direction to the Police. At any rate, it is submitted that the Appellants have not been involved in any such inquiry. Equally, it is not clear whether the second Respondent had made out a case for the intervention of the Commission under the Rules of Procedure of National Commission for Scheduled Castes. From a perusal of contents of the NCR bearing No. 96/04 dated 25.07.2004, it is clear that the ingredients Under Section 3(1)(x) have not been made out. There was not even a whisper of allegation of harassment based on caste. That is why the first chargesheet was only Under Sections 323, 504 and 506 of the Indian Penal Code. It is over two years later that the Respondent No. 2 appears to have complained to the Commission. Under Rule 7.5.2(vi), the Commission is empowered to conduct an inquiry to whether proper charge sheet has been filed mentioning the relevant Sections of Indian Penal Code together with the PCR Act, 1955 and SCs STs (POA) Act, 1989 in Court . This is not a power to dictate the course of the investigation. The Commission is competen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. On the basis of the entire investigation, statement of informant and witnesses, inspection of the place of occurrence, prima facie case for the offence Under Section 323, 504, 506 Indian Penal Code and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act is made out against the named Accused in the FIR. The sequence of events are in accordance with the NCR No. 96/04 in which investigation has already been concluded in the past and charge sheet No. nil/04 dated 21.9.2004 Under Section 323, 504, 506 Indian Penal Code has been submitted in the Court against Bharat Singh, Vishnu Singh and Eshwar Pratap Singh. After concluding further supplementary investigation in the case, the instant charge sheet No. 17/07 against Accused Bharat Singh, Vishnu Pratap Singh and Eshwar Singh for the offence Under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and Accused Angad Singh Under Section 323, 504, 506 Indian Penal Code and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act is being submitted before the Court. It is most humbly prayed that learned Court may be pleased to include this supplementary charge sheet No. 17/07 with the earlier Charge Sheet No. Nil/04 U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Prevention of Atrocities) Act, besides Section 323/504/506 Indian Penal Code, in the NCR No. 96/04 and submit supplementary charge sheet in the Court as well as a proposal to the competent authority thereby recommending grant of financial help to the victims. Please send the desired information along with action taken report/report on the proposed action to the undersigned at the earliest possible. Yours faithfully, Sd/- illegible (Dr. Dibakar Basak) Dy. Director Head of the Office 4. Aggrieved, the Appellants filed a Writ Petition No. 2330 (M/B) of 2007 before the High Court. Vide order dated 13.04.2007, the High Court stayed the arrest of the Appellants. The order reads as follows- It has been pleaded in the writ petition that provisions of S.C./S.T. Act have been deliberately added in order to harass the Petitioners. The NCR was registered Under Sections 323/504/506 Indian Penal Code only. It has also been asserted in the writ petition that there is no allegation that offences under the provisions of S.C./S.T. Act have been made out. We are of the considered view that prima facie a case for interim relief is made out in favour of the Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar as to whether the Commission had conducted any inquiry before issuing direction to the Police. At any rate, it is submitted that the Appellants have not been involved in any such inquiry. Equally, it is not clear whether the second Respondent had made out a case for the intervention of the Commission under the Rules of Procedure of National Commission for Scheduled Castes. In this context it is relevant to note the contents of the NCR bearing No. 96/04 dated 25.07.2004 which read as follows: To, the Station House Officer, Police Station Motiganj, Dist. Gonda. Sir, It is submitted that the applicant/informant Ram Bahadur s/o late Ram Pherai is a permanent resident of village Kahovi, post office Dalpatpur, Dist. Gonda. Gata No. 97 situated on Motiganj Road is recorded in the name of the applicant. Today, some people equipped with firearms came to forcibly grab the land of he applicant. They assaulted the applicant, abused him with filthy language and threatened him saying that if you speak further, we will kill you this time and throw your body . Names of the assaulters are as under: Bharat Singh, Eshwar Pratap Singh and Vishnu Pratap Singh sons of Angad S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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