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 investigate the fact and circumstances narrated in the complaint. the relevant provisions defining the complaint and the procedure adopted by the concerned Magistrate is provided under the various provision of the Cr.P.C. At a post cognizance stage, the Magistrate is empowered to take cognizance on the complaint and may adopt procedure provided under Section 200 , 202 of Cr.P.C. The relevant provisions are as follows:-

Jurisdiction of the Magistrate Court u/s. 156(3) of Cr.P.C.

Relevant Provision of Cr.P.C. regarding written complaint instituted in the magistrate court.

Provision of Section 2(d) of Cr.P.C. defines complaint and Section 154 of Cr.P.C. provides procedure for recording of First Information Report at Police Station.

Section 2(d) of Cr.P.C.

“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation - A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant.

Section 154 in the Code of Criminal Procedure, 1973:

154. Information in cognizable cases:

(1) Every information relating to the commission of a cognizable offence, if given orally to an 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) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

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