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2023 DIGILAW 30 (ALL)

Rohit v. State Of U. P.

2023-01-04

UMESH CHANDRA SHARMA

body2023
JUDGMENT : [Umesh Chandra Sharma, J.] 1. Heard learned counsel for the applicant, learned AGA for the State opposite parties and perused the record. 2. This application under Section 482 CrPC has been filed to quash the order dated 04.09.2021 passed in Criminal Misc. Case No.214 of 2021 (Rohit Vs. Satyendra Singh and others) and the order dated 04.08.2022 passed in Criminal Complaint Case No.158 of 2021 (Rohit Vs. Satyendra Singh and others) by Special Judge (SC/ST (PA) Act), Ghazipur, under Section 156(3) CrPC. 3. Submission of learned counsel for the applicant is that one Rohit son of Ramnandan was beaten by the accused persons and several kinds of offence were committed against him. He tried his best to lodge FIR but when no FIR was lodged, he moved an application under Section 156(3) CrPC on 26.07.2021 which was converted into a complaint on 04.09.2021 by Special Judge (SC/ST (PA) Act), Ghazipur and on the basis of judgment and order passed by a learned Single Judge of this Court in Application U/S 482 No.12864 of 2021 (alongwith connected petitions) dated 07.04.2022 even the complaint was dismissed by the same presiding officer on 04.08.2022 mentioning that if an offence under the provisions of SC/ST Act has been caused, the complaint is not maintainable and only recourse through police is available to lodge an FIR. 4. Learned counsel for the applicant has produced copy of the judgment passed by a Division Bench of this Court in Application U/S 482 No.14443 of 2022 (alongwith connected petitions) on 17.10.2022 in which the Division Bench has overruled the aforesaid judgment dated 07.04.2022 and has laid down following principle:- "The view taken in the case of Soni Devi vs. State of U.P. and others: 2022(5)ADJ 64 that an application under Section 156(3) Cr.P.C. cannot be treated as a complaint case is incorrect. The court concerned while exercising its judicial discretion can treat the said application as a complaint case also." 5. In view of the aforesaid judgment of the Division Bench, this Court is of the view that the order dated 04.08.2022 is bad in law and is hereby quashed. The Special Judge (SC/ST (PA) Act), Ghazipur is directed to restore the proceedings of Criminal Case No.158 of 2021 (Rohit Vs. Satyendra Singh and others) and to decide the same in accordance with law as expeditiously as possible. 6. The Special Judge (SC/ST (PA) Act), Ghazipur is directed to restore the proceedings of Criminal Case No.158 of 2021 (Rohit Vs. Satyendra Singh and others) and to decide the same in accordance with law as expeditiously as possible. 6. With the above observations, this application is disposed of.