ROHIT Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State opposite parties and perused the record.

(2.) This application under Sec. 482 CrPC has been filed to quash the order dtd. 4/9/2021 passed in Criminal Misc. Case No.214 of 2021 (Rohit Vs. Satyendra Singh and others) and the order dtd. 4/8/2022 passed in Criminal Complaint Case No.158 of 2021 (Rohit Vs. Satyendra Singh and others) by Special Judge (SC/ST (PA) Act), Ghazipur, under Sec. 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 Sec. 156(3) CrPC on 26/7/2021 which was converted into a complaint on 4/9/2021 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) dtd. 7/4/2022 even the complaint was dismissed by the same presiding officer on 4/8/2022 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.