A Special Judge must decide the ‘B’ final report before directing further investigation.

Chikkajala Police registered Crime No. 90/2023 against the petitioners and others for alleged offences under Sections 3(1)(g) and 3(1)(f) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections 427, 447, 120-B and 506 read with Section 34 of the IPC.

Following investigation, the Deputy Commissioner of Police filed a ‘B’ final report. The complainant filed a protest petition, and the Special Judge directed further investigation without first deciding whether to accept or reject the ‘B’ report. Accused No. 5 and the second petitioner, who apprehended being implicated, challenged the Special Judge’s orders dated 1 March and 13 September 2024 and sought quashing of the FIR insofar as it concerned them.

1. Whether the Special Judge could direct further investigation on the protest petition without first deciding the ‘B’ final report on its merits.

2. Whether the impugned orders were liable to be quashed for failing to follow the procedure contemplated under the Code of Criminal Procedure.

The Court considered the procedure under the Code of Criminal Procedure for dealing with a ‘B’ final report and a protest petition, and applied the principles stated by the Karnataka High Court in Dr. Ravikumar v. Mrs. K.M.C. Vasantha and Another, ILR 2018 KAR 1725, concerning that procedure.

Respondent No. 2 relied on Section 15A of the SC/ST (Prevention of Atrocities) Act, 1989, while the challenged direction referred to Rules 5 and 6 of the SC/ST (PoA) Rules, 1995; the Court did not accept those provisions as a basis for departing from the required CrPC procedure.

The Special Judge directed further investigation in response to the protest petition but had not first passed an order accepting or rejecting the ‘B’ final report. The Court held that this course failed to adhere to the CrPC procedure, as explained in Dr. Ravikumar.

The orders therefore could not stand, and the matter had to return to the Special Judge for consideration of the ‘B’ report on its merits.

It remitted the matter to the Special Judge to consider the ‘B’ final report on its merits and pass appropriate orders in accordance with law.