JUDGMENT :

VIRENDRA KUMAR-II, J.

1. Heard Shri Janendra Kumar Verma, learned counsel for appellant and the learned AGA for the State.

2. This appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to the ‘Act 1989’) has been preferred assailing the impugned order dated 15.12.2020 passed by learned Second Additional Sessions Judge/Special Judge, SC/ST Act, District Lakhimpur Kheri in Criminal Misc. Case No. 673/2020, Mewa Lal Bhargav vs. Ram Milan Mishra and Another, by which the complaint instituted by the appellant under Section 156(3) Cr.P.C. has been dismissed at pre-cognizance stage and discretion has not been exercised in favour of complainant.

3. I have perused the record made available by the appellant/complainant.

4. A primary duty to register First Information Report (F.I.R.) regarding cognizable offence is of the Station House Officer of the concerned Police Station, if the Police Officer/in-Charge does not register the F.I.R. then the Magistrate having jurisdiction to hear criminal case of the police station concerned has been empowered to issue directions under section 156(3) Cr.P.C. to register and