JUDGMENT :

1. Heard learned counsel for the appellant, learned AGA for the State and perused the record.

2. The present criminal appeal U/s 14(A)-1 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed with the prayer to set aside the order dated 20.4.2023 passed by learned Special Judge, SC/ST (P.A.) Act, Hardoi arising out of Misc. Case No. 721 of 2022 U/s 156(3) CrPC by which the application of the appellant was rejected.

3. It is submitted by learned counsel for the appellant that learned trial court did not consider the statement of the witnesses available on record. Learned trial court has wrongly appreciated the evidence available on record ignoring the material of the case. Hence, the impugned order is erroneous and suffers from manifest error of law and is liable to be set aside.

4. At the very outset, learned AGA submitted that the present appeal is not maintainable as the appellant has equally efficacious remedy available with him to file complaint on the basis of the facts and circumstances of the case. The injuries are simple in nature. It is also submitted that the report was called for by the magistrate on the application U/s 156(3) CrPC and on inquiry, the incident was found false. Hence the application U/s 156(3) CrPC has been rightly rejected and the appeal is liable to be dismissed.

5. Briefly the contents of the FIR are that the complainant belong to the scheduled caste and opposite party is Brahmin by caste. The son of the informant namely, Anoop Kumar was studying in Class VII in Shail Kumari Bateshwar Dayal Public Inter College, Sahijna, Hardoi. Opposite party no.2, Pradeep Kumar Dwivedi has beaten the son of the informant cruelly and traumatised him. Therefore his son refused to go to school. When the son of the informant again attended to school on 21.9.2022, he was again beaten by fist, kicks and danda. Thereafter his son fell ill and he became incapable of movement and performing his normal life. He was referred to King George Medical College, Lucknow by district hospital where his son expired after four days. On the basis of the application moved U/s 156(3) CrPC, a report was called from the police station concerned. As per report sent by the police station concerned, the son of the informant did not attend the school on 20.9.2022. The injured was medically examined in Balrampur Hospital at Lucknow on 19.10.2022 wherein three injuries of simple nature were found. The injured was suffering from kidney disease, therefore he was advised for dialysis and during his treatment, he died on 28.10.2022. According to the post mortem report, the cause of death was shown septicemia due to illness. As per medical report, the cause of death is septicemia and shock. The appellant had stated in application that he applied for post mortem of his son by Panel, but the same is not disposed off.

6. According to the facts and circumstances of the application U/s 156(3) CrPC, the date of incident is shown as 20.9.2022 and 21.9.2022. However, as per primary inquiry conducted by the police station, the injured was medically examined in KGMC, Lucknow on 19.10.2022 and three minor injuries were found on his body which was found 2-4 days prior to the medical examination. Thereafter, the injured was medically treated in Rajdhani Hospital, Dubagga Road, Lucknow where he was advised for dialysis and during the course of treatment, the injured expired.

7. Learned counsel for the appellant further submitted that police report is not reliable to the intent that the injured did not attend the school on 20.9.2022. However, as per Annxure-4 annexed with the appeal, he was given home work in his diary. Prima facie, it appears that the injured attended the school on 20.9.2022 and 21.9.2022 both.

8. Section 156 CrPC reads as under:

"156. Police officer' s power to investigate cognizable case.

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizab