VIRENDRA KUMAR-II
Ram Khelawan – Appellant
Versus
State of U. P. – Respondent
ORDER :
Virendra Kumar-II, J.
1. Heard Shri Dinesh Kumar, learned counsel for appellant and the learned AGA for the State.
2. This appeal has been preferred assailing the impugned order dated 28.10.2020 passed by learned Special Judge (S.C./S.T. Act), District Sitapur in Crl. Case No. 157 of 2020 (C.I.S. No. 278 of 2020), Ram Khelawan Vs. Manager, U.P. gram Vikas Bank Tambour Sitapur 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/Incharge 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 co
Gopal Das Sindhi Vs. State of Assam
Superintendent and Remembrancer of Legal Affairs
R.R. Chari v. State of Uttar Pradesh : 1951 SCR 312]
Narayandas Bhagwandas Madhavdas v. State of West Bengal : 1960 (I) SCR 93]
Aleeque Padamsee Vs. Union of India
Anju Chaudhary v. State of U.P.
Mona Panwar v. High Court of Judicature of Allahabad : (2011) 3 SCC 496 : (2011) 1 SCC (Cri) 1181].
In Dilawar Singh v. State of Delhi : (2007) 12 SCC 641 : (2008) 3 SCC (Cri) 330 : (2007) 9 SCR 695]
Mohan Baitha v. State of Bihar
State of Haryana vs. Bhajan Lal reported as : 1992 SCC (Cri.) 426
Ramesh Kumari vs. State (NCT of Delhi) reported as : (2006) 2 SCC 677:(SCC p. 681
Rajinder Singh Katoch vs. Chandigarh Admin.
Ramesh Kumari v. State (NCT of Delhi) : (2006) 2 SCC 677 : (2006) 1 SCC (Cri) 678]
State of u.p. vs. Bhagwant Kishore Joshi reported as : AIR 1964 SC 221
Lalita Kumari v. Govt. of U.P.
Priyanka Srivastava v. State of U.P.
Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy (1976) 3 SCC 252 : 1976 SCC (Cri) 380]
Anil Kumar v. M.K. Aiyappa (2013) 10 SCC 705 : (2014) 1 SCC (Cri) 35]
Maksud Saiyed [Maksud Saiyed v. State of Gujarat
CREF Finance Ltd. v. Shree Shanthi Homes (P) Ltd. (2005) 7 SCC 467 : 2005 SCC (Cri) 1697]
Madhao v. State of Maharashtra [Madhao v. State of Maharashtra
Ramdev Food Products (P) Ltd. v. State of Gujarat (2015) 6 SCC 439]
Lalita Kumari Vs. State of U.P. reported as (2014) 2 SCC 1
Suresh Chandra Jain v. State of Madhya Pradesh
Gopal Das Vs. State of Assam : AIR 1961 SC 986
H.S. Bains Vs. State : AIR 1980 SC 1883
H.S. Bains, Director, Small Saving-cum-Dy. Secy. Finance v. State (Union Territory of Chandigarh)
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