The Special Judge established under the Act has the power to treat the application under Section 156(3) Cr.P.C. as a complaint, contrary to the previous decision in Soni Devi case.

JUDGMENT :

1. Heard Sri Radhey Shyam Yadav, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

2. The instant application has been moved on behalf of the applicant with following prayers:-

“It is, therefore, most respectfully prayed the this Hon’ble Court may kindly be pleased to allow this application and quash the order dated 24.06.2022 passed by Special Judge, SC/ST (P.A.) Act, Etah in Criminal Misc. Case No. 239 of 2022, Rajesh Dayal versus Rajpal and others, Police station-Marhara, District-Etah, pending in the court of Special Judge, SC/ST (P.A) Act, Etah.

It is further prayed that this Hon’ble Court may kindly be pleased to direct to court below to pass a fresh, reason and speaking order in accordance with law in Criminal Misc. Case No. 239 of 2022, Rajesh Dayal versus Rajpal and others, Police station-Marhara, District-Etah under Section 156(3) of Cr.P.C. and/or pass such other and further order which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury.”

3. Learned counsel for the applicant submitted that applicant moved an application under Section 156(3) Cr.P.C. with a prayer to direct the police station concerned to register the case and investigate the matter but instead of doing so, the court below treated the said application as complaint. He next submitted that as Special Judge SC/ST Act is not empowered to take cognizance on private complaint, therefore, order dated 24.06.2022 is illegal. He further submitted that if an application under Section 156(3) Cr.P.C. is moved before Special Judge SC/ST Act then he is having no authority to treat the said application as criminal complaint and only option before the Special Judge is that either he dismiss the application moved under Section 156(3) Cr.P.C. or direct the local police to register the case and investigate the matter. Learned counsel for the applicant confined his argument only to the extent that the court below is not having any authority to treat the application under Section 156(3) Cr.P.C. as a criminal complaint.

4. Learned counsel for the applicant placed reliance in the case of Soni Devi Vs. State of U.P. and others 2022 (5) ADJ 64 and submitted that the issue as to whether an application under Section 156(3) Cr.P.C can be treated as complaint or not by Special Judge SC/ST Act is no more res-integra but it has been authoritatively decided by the co-ordinate Bench of this Court in above noted case of Soni Devi (supra) and according to the law laid down in Soni Devi case (supra) an application under Section 156(3) Cr.P.C. cannot be treated as criminal complaint by Special Judge SC/ST Act and only option before the court is to direct for registration of the case and to investigate the matter. Learned counsel for the applicant next submitted that as the impugned order dated 24.06.2022 is contrary to the law laid down by this Court in case of Soni Devi (supra), therefore, it is liable to be quashed as Special Judge SC/ST Act was not having any authority to treat the application moved by applicant under Section 156(3) Cr.P.C. as complaint and he had to pass a direction to register the FIR and to investigate the matter as application moved by the applicant under Section 156(3) Cr.P.C. prima facie disclosed cognizable offences against opposite party nos. 2 to 6.

5. Per contra, learned AGA submitted that there is no illegality in the impugned order dated 24.06.2022 as Special Judge SC/ST Act is having jurisdiction either to direct for investigation under Section 156(3) Cr.P.C. or to treat the application moved under Section 156(3) Cr.P.C. as a criminal complaint. Learned AGA next submitted that by virtue of amendment of 2016 as per Section 14 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’ in short), Special Judge SC/ST Act is having power to directly take cognizan