BHANU KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Anil Kumar Maurya, learned counsel for the appellant as well as learned AGA for the State and perused the record.

(2.) The instant appeal has been filed by the appellant- complainant- Bhanu Kumar under Sec. 14-A (1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 requesting to quash the order dtd. 5/9/2022 passed by the Special Judge SC/ST Act, Ambedkar Nagar in Criminal Misc. Case No. 253/2022, Bhanu Kumar Vs. Jairam Yadav and others, whereby the application moved by the appellant under Sec. 156(3) Cr.P.C. has been rejected.

(3.) Learned counsel for the appellant while referring to the impugned order dtd. 5/9/2022 submits that the Special Court has rejected the application of the appellant moved under Sec. 156(3) Cr.P.C. without acknowledging the fact that the application moved by the appellant under Sec. 156(3) Cr.P.C. was disclosing the commission of a cognizable offence, therefore, it was the duty of the Magistrate to have directed for the investigation and by rejecting the application the trial court has committed a manifest illegality. Thus the order of the trial court is liable to be set aside.