SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Miscellaneous Petition, challenge has been made to the order dtd. 7/11/2023, whereby the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu declined to sent the matter for registration of the FIR under Sec. 156(3) of the Cr.P.C. to the Police Station and the complaint was kept for holding enquiry as envisaged under Chapter XV of the Cr.P.C.

(2.) Heard learned Counsel for the petitioner as well as the learned Public Prosecutor and have gone through the impugned order as well as the copy of complaint-cum-report wherein prayer for sending the matter for registration of the FIR was made.

(3.) A cursory look over the complaint indicated disclosure of commission of a cognizable offence. The niceties, truthfulness and faisity of the allegations are not required to be examined at this stage rather as per the settled legal preposition if the perusal of the complaint disclosing commission of a cognizable offence then, certainly it is imperative upon the Magistrate concerned to send the matter under Sec. 156(3) of this Cr.P.C. for registration of the FIR to the Police Station concerned. Examination of truth or genuineness is the subject of investigation. of Course, a formal application of mind is required but at the same time the veracity is not required to be examined. The application of mind to the extent of observing that whether there are allegations or not for the offences which are cognizable is sufficient. This Court in the case of Mathura Devi Vs. State of Rajasthan (S.B. Criminal Misc. Petition No. 5195/2021 decided on 6/1/2022) has dealt with the identical issues. The relevant part of the said order is felt apt to reproduce here, which is as under:-