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2021 Supreme(All) 1256

VIRENDRA KUMAR-II
Ram Khelawan – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the appellant : Dinesh Kumar
For the Respondents: G.A.

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

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