( 1 ) SUB-SECTION (1) to Section 154 Code of Criminal procedure runs as under:- 154. Information in Coanizable cases - (1) every information relating to the commission of a cognizable offence, if given orally to officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

( 2 ) IT is this particular provision which is being pressed into service by the petitioner (Sanjeev Kumar) for registration of a First Information Report pertaining to offences under Section 326, 506 Part II and Section 3 of the Scheduled Caste and Scheduled tribe (Prevention of Atrocities), Act, 1989 besides section 4 of the same Act against respondent no. 4.

( 3 ) THE facts which prompt the petitioner to move the present petition can hereinafter be delineated.

( 4 ) IT is alleged that on 28/08/2001 at 4. 30 pm the petitioner went to the Office of the Container corporation of India, 2nd Floor, Le Meridian commercial Tower, Raisina Road, New Delhi. He was to serve a notice on Mr. M L Shanmukh who is the General manager (HRD) of the Container Corporation of India. Notice had been issued by Labour Officer (South ). At that time Shri Shanmukh was busy and a person from his office asked the petitioner to wait. At about 5. 30 PM the petitioner again tried to meet him but he was again asked to wait. Later on the petitioner was called by Shri Shanmukh. when the petitioner went to the department he was told by Shri Shanmukh that petitioner had to wait. Petitioner was called inside the cabin and was asked to close the door. He gave the copies of the notice issued by the Labour Officer (South ). Shri Shanmukh read the notice and suddenly started abusing the petitioner shouting saley tune mare ko notice karwya hai woh bhi merey nam se, Main tujhe dekh lunga, saley chamar, tu neech Jati ka admi, mujhe notice karwata hai, Bhangi, saley tujhe to main apney office main sara kuda-karkat, latrin and sara gand uthwaunga, tu bhi yaad karega kis se pala pada hai. petitioner protested that he should not be abused since the petitioner belonged to scheduled caste. Thereupon shri Shanmukh again uttered saley mujhe pata hai ki tu SC hai, tabhi to kah raha houn, tumhara to kam hi yahi karna hai or yahi kam tum se karwaunga . He again threatened saly tujhe to main mar dunga . He opened his table drawer and picked up some sharp edged item like a knife and moved towards the petitioner. The petitioner managed to save himself. Petitioner on coming out went to the police station Parliament Street and gave a written complaint in this regard. He was even medically treated at Dr. Ram Manohar Lohia Hospital. The petitioner after being discharged was not feeling well and had undergone private treatment. The grievance of the petitioner is that despite repeated request the First information Report has not been registered and as against no. 4 it is claimed that in terms of Section 4 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 should be taken.

( 5 ) THE petition had been listed for 23rd January, 2002 but an application had been filed on behalf of shri Shanmukh for him to be arrayed as a party. On that occasion the petitioner s learned counsel as well a the respondent s counsel agreed that they would be addressing arguments and therefore the arguments were heard on 9th January, 2002.

( 6 ) LEARNED counsel for the petitioner vehemently relied on number of precedents particularly the decision of the Supreme Court in the case of State of haryana vs. Ch Bhajan Lal and Ors. AIR 1992 SC 604 to contend that when a cognizable offence is drawn and a complaint in writing has been made to the police, the officer