VIRENDRA KUMAR-II
Santosh Kumar Gautam – Appellant
Versus
State of U. P. – Respondent
ORDER
Virendra Kumar-II, J.
1. Heard learned counsel for appellant and the learned A.G.A. for the State.
2. The present appeal under Section 14-A(1) 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 16.12.2020 passed by the court of learned Second Additional Sessions Judge/Special Judge, S.C./S.T. Act, Lakhimpur Kheri in Criminal Misc. Case No. 541 of 2017, Santosh Kumar Vs. Mohd. Umar and others, 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 an
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]
Lalita Kumari v. State of U.P.
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
Parkash Singh Badal vs. State of Punjab reported as : (2007) 1 SCC 1
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
P. Sirajuddin vs. State of Madras reported as (1970) 1 SCC 595
Santosh Kumar (2006) 6 SCC 1: (2006) 3 SCC (Cri) 1]
Suresh Gupta : (2004) 6 SCC 422: 2004 SCC (Cri) 1785]
Similarly, in CBI v. Tapan Kumar Singh
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 Sindhi v. State of Assam
Lalita Kumari Vs. Govt. of U.P. & Ors. (decided on 12 November
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