The Lucknow Bench of the Allahabad High Court, in an important decision, 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 said Act to File the charge sheet only.

The court said that charge sheet can be filed only in those cases where a case is made out under the said Act on the basis of evidence.

This decision has been given 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 obliges the Investigating Officer to file the charge sheet in the Special Court.

It has been said in this petition that the word charge sheet has been used in both the provisions which means that the investigating officer can only file a charge sheet against the accused.

Even if evidence is not found against the accused during the investigation, he is not free to file the final report.

Rejecting this 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 the police report in the said provisions.

The court said that the said provisions need to be read in a rational manner, the statutory provisions cannot be read in an irrational manner. In its judgement, the court said that it is made clear that in every FIR registered under the said Act, It is not mandatory to file charge sheet for

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