Shree Chandrashekhar, J. - (1.) The petitioner is aggrieved of the order taking cognizance dated 04.07.2017.
(2.) Various plea have been raised by the petitioner; one of the plea raised is that while taking cognizance of the offence for which the police has not submitted charge-sheet, the learned Magistrate is under a duty in law to give reasons. Another plea raised by the petitioner is that the allegations levelled in the written report dated 30.01.2017 do not constitute any offence under the SC/ST (Prevention of Atrocities) Act, 1989.
(3.) The learned counsel for the petitioner submits that for commission of an offence under the SC/ST (Prevention of Atrocities) Act, 1989 if allegations are not levelled in the written report, however, during the investigation if the complainant and/or witnesses have improved their statement the trial Judge, on a careful reading of the materials brought on record, can refuse to take cognizance of such offence.;