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2021 Supreme(All) 1253

VIRENDRA KUMAR-II
Santosh Kumar Gautam – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Syed Waqar Husain and Salman Abbas
For the Respondents: G.A.

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

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