Point of Law: Police despite repeated efforts made by the appellant did not lodge the first information report as it is disclosed from the materials available on record and the pleadings in the memo of appeal, no first information report was lodged under Section 154 Cr.P.C. though there was sufficient material to gather information as to the commission of offence, the Special Judge (S.C./S.T.) Act, Lucknow ought either to issue direction for the registration of the first information report or to treat the application as complaint.

JUDGMENT :

1. The case is called out.

2. Learned counsel for the appellant Sri Saharsh, Advocate and learned A.G.A. for the State Sri Anurag Singh Chauhan, Advocate are present in the Court.

3. The e-court record reveals that office has reported vide it's report dated 24.11.2021, the notice issued pursuant to the order of the Court dated 14.07.2021 has been served personally upon the opposite party no.2 i.e. Raj Kumar Verma. As such service is held sufficient.

4. Despite service of notice, none appeared, either the opposite party no.2, the prospective accused in person or the learned counsel on his behalf to represent him, though, learned A.G.A. was directed vide order dated 26.11.2021 to secure the presence or representation of the said prospective accused, opposite party no.2.

5. Learned A.G.A. submits that the facts averred in the application under Section 156(3) Cr.P.C. against the opposite party no.2 disclose a private dispute between him and the present appellant, the same is dismissed, as such, there is no information or instruction with him in this regard to argue.

6. Sri Ram Kripal Singh, Sub-Inspector, Police Station Alambagh, District Lucknow, pursuant to the direction given to learned A.G.A. to attend the Court with prospective accused, has come but it is informed that the said opposite party no.2 i.e. prospective accused has denied to attend the Court today.

7. The matter is heard on merit on the basis of materials available on the record of appeal.

8. The instant appeal in hand is moved under Section 14(A) of The Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 against the impugned order dated 24.03.2021 passed by the Learned Special Judge, S.C./S.T. Act/Additional District & Sessions Judge, in Case No.111 of 2021, (Hari Prakash Rawat Vs. Raj Kumar Verma) under Section 156(3) of Cr.P.C., Police Station Gosaiganj, District Lucknow, whereby the learned Special Judge, S.C./S.T. had rejected the application of the present appellant under Section 156(3) of the Cr.P.C.

9. To appreciate the matter involved in the appeal, a brief account of facts complained in the application under Section 156(3) Cr.P.C. moved by the appellant is being given here under.

The appellant/applicant aforesaid belongs to schedule caste and the opposite party no.2 belongs to other caste. The private respondent no.2, Raj Kumar Verma met the appellant in Mohanlal Ganj and represented himself ‘Mandal Adhyaksha’ of a political party namely ‘Bhartiya Janta Party’. The Raj Kumar Verma and other workers of the Bhartiya Janta Party induced the appellant to be a member of the party in the year 2016, pursuant to which, the appellant begin to work for the Bhartiya Janta Party as it's active member.

The Raj Kumar Verma offered to the appellant to contest elections in the election of Member of Legislative Assembly, Uttar Pradesh for the Constituency No.176, Mohanlal Ganj, which is a reserved Constituency and promised to make it possible in getting candidature of the Bhartiya Janta Party in the election. On the aforesaid representation, offer and inducement, the appellant began to work for the purpose of electioneering in the Constituency on behalf of the Bhartiya Janta Party. The aforesaid Raj Kumar Verma assured the appellant to arrange a meeting with Bhartiya Janta Party's State President, ‘Sri Swatantra Deo Singh’ with whom the said respondent represented himself to have homely relationship and stated him to be in decisive position in the process of allotment of ticket for candidature of the party in elections.

The appellant/applicant visited Sri Swatantra Deo Singh with private respondent no.2. After the meeting, the private respondent called the appellant/applicant and represented that he has settled the things with the party’s high ups for the candidature of appellant in the elections and the appellant/applicant has to deposit Rs.15,00,000/- in the party fund. Believing on the representation and promise, the appellant/applicant deposited a