High Court · 2025

to the Police Station Jagatpur district Raebereli for registering the FIR, however, no action was taken by the police. Then an application dated

4.9.2024 has been moved by the applicant to Superintendent of Police Raebareli through registered post. Still no action was taken by the Superintendent of Police Raebareli. Thereafter the applicant has moved an application under Section 173(4) BNSS (Earlier 156(3) Cr.P.C.) on 12.9.2024. Upon which a report was sought by the court from the concerned police station Jagatpur. The report dated

2.10.2024 was received by the learned Special Court, however learned court below instead of directing to register the FIR has conducted enquiry himself and rejected the complaint, which is clear violation of Section 4 of the The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act'), Rule 5 of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as 'SC/ST Rules') and also it is against the provisions of Section 18(A)(1) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. Learned A.G.A. has opposed the objection, however, could not dispute the statutory/mandatory duties of the public servant under the SC/ST Act.

5. Perused the record.

6. Section 4 of the SC/ST Act provides punishment to the public servants who willfully neglects his duties required to be performed by him under this Act and the rules made thereunder.

7. Sub-section 2 (a) of Section 4 of the SC/ST Act further provides that upon receiving the oral information from the informant it shall be read out to the informant and shall be reduced into writing by the concerned public servant/Police Officer. Sub-section 2(b) of Section 4 of the SC/ST Act provides that a complaint or a First Information Report shall be registered. Likewise Sub-rule (1) of Rule 5 of the SC/ST Rules also provides that every information relating to the commission of an offence under the SC/ST Act, given orally to an officer in-charge of a police station shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information shall be signed by the persons giving his complaint and the substance thereof shall be entered in a book to be maintained by that police station. A copy of the information so recorded under sub-rule (1) of Rule 5 of SC/ST Rules shall be given forthwith free of cost to the informant. Sub rule (3) of Rule 5 of SC/ST Rules provides any person aggrieved by a refusal on the part of an officer incharge of a police station to record the information referred to in sub-rule (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who after investigation either by himself or by a police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer in-charge of the concerned police station to enter the substance of that information to be entered in the book to be maintained by the police station.

8. Section 4 of the SC/ST Act and Rule 5 of the SC/ST Rules are extracted below:- Section 4. Punishment for neglect of duties.— "(1) Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year. (2) The duties of public servant referred to in sub-section (1) shall include–– (a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant; (b) to register a complaint or a First Information Report under this Act and other relevant provisions and to register it under appropriate sections of this Act; (c) to furnish a copy of the information so recorded forthwith to the informant; (d) to record the statement of the victims or witnesses; (e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days, and to explain the delay if any, in writing; (f) to correctly prepare, frame and translate any document or electronic record; (g) to perform any other duty specified in this Act or the rules made thereunder: Provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative enquiry. (3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.]" Rule 5. Information to police officer in-charge of a police station – "(1) Every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be maintained by that police station. (2) A copy of the information as so recorded under sub-rule (1) above shall be given forth-with free of cost, to the informant. (3) Any person aggrieved by a refusal on the part of an officer in-charge of a police station to record the information referred to in sub-rule (1) may send the substance of such information, in writing and writing any by post, to the Superintendent of Police concerned who, after investigation either by himself or by police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer in-charge of the concerned police station to enter the substance of that information to be entered in the book to be maintained by that police station."

9. Prima facie, from perusal of the aforesaid Section 4 of the SC/ST Act and Rule 5 of the SC/ST Rules, it is evident that it was the statutory duty of the concerned police station, including its officers, to follow the mandate under the SC/ST Act, and an FIR should have been registered.

10. Section 18A of the SC/ST Act provides rather prohibits that no inquiry or approval is required for registering the FIR. The relevant paragraph of Section 18A of SC/ST Act is extracted below:- "18A. No enquiry or approval required.— (1) For the purposes of this Act,— (a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or (b) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply."

11. From a perusal of the impugned order, it appears that the learned Magistrate has inquired into the factum before passing the impugned order. Thus, in fact, he has conducted an inquiry himself, which is prohibited under the Act. In this case, the First Information Report should have been registered by the concerned Police Officer at the Police Station, Jagatpur. Since the F.I.R. was not registered, she approached the Superintendent of Police Raebareli. He also appears to have not followed the mandate under Section 4 of the SC/ST Act as well as Rule 5 of the SC/ST Rules. Thereafter, learned Special Court, while passing the impugned order, instead of directing the concerned Police Station to register the First Information Report, conducted the inquiry himself, which is prohibited under Section 18-A of the SC/ST Act. Thus, in view of the aforesaid discussion, this impugned order cannot be sustained and is liable to be set aside.

12. Accordingly, the appeal is allowed. The impugned order dated

18.11.2024 passed by the learned Special Judge SC/ST Act Raebareli is hereby quashed and the matter is remanded to the learned court below to decide the application filed by the applicant/victim under Section 173(4) BNSS and pass a fresh order within a period of one month from the date of production of the certified copy of this order in view of the discussion made herein-above and keeping in view the mandatory provisions of the SC/ST Act as well as the SC/ST Rules. Order Date :- 6.1.2025 Madhu D.R/P.S MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

to the Police Station Jagatpur district Raebereli for registering the FIR, however, no action was taken by the police. Then an application dated

4.9.2024 has been moved by the applicant to Superintendent of Police Raebareli through registered post. Still no action was taken by the Superintendent of Police Raebareli. Thereafter the applicant has moved an application under Section 173(4) BNSS (Earlier 156(3) Cr.P.C.) on 12.9.2024. Upon which a report was sought by the court from the concerned police station Jagatpur. The report dated

2.10.2024 was received by the learned Special Court, however learned court below instead of directing to register the FIR has conducted enquiry himself and rejected the complaint, which is clear violation of Section 4 of the The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act'), Rule 5 of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as 'SC/ST Rules') and also it is against the provisions of Section 18(A)(1) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. Learned A.G.A. has opposed the objection, however, could not dispute the statutory/mandatory duties of the public servant under the SC/ST Act.

5. Perused the record.

6. Section 4 of the SC/ST Act provides punishment to the public servants who willfully neglects his duties required to be performed by him under this Act and the rules made thereunder.

7. Sub-section 2 (a) of Section 4 of the SC/ST Act further provides that upon receiving the oral information from the informant it shall be read out to the informant and shall be reduced into writing by the concerned public servant/Police Officer. Sub-section 2(b) of Section 4 of the SC/ST Act provides that a complaint or a First Information Report shall be registered. Likewise Sub-rule (1) of Rule 5 of the SC/ST Rules also provides that every information relating to the commission of an offence under the SC/ST Act, given orally to an officer in-charge of a police station shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information shall be signed by the persons giving his complaint and the substance thereof shall be entered in a book to be maintained by that police station. A copy of the information so recorded under sub-rule (1) of Rule 5 of SC/ST Rules shall be given forthwith free of cost to the informant. Sub rule (3) of Rule 5 of SC/ST Rules provides any person aggrieved by a refusal on the part of an officer incharge of a police station to record the information referred to in sub-rule (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who after investigation either by himself or by a police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer in-charge of the concerned police station to enter the substance of that information to be entered in the book to be maintained by the police station.

8. Section 4 of the SC/ST Act and Rule 5 of the SC/ST Rules are extracted below:- Section 4. Punishment for neglect of duties.— "(1) Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year. (2) The duties of public servant referred to in sub-section (1) shall include–– (a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant; (b) to register a complaint or a First Information Report under this Act and other relevant provisions and to register it under appropriate sections of this Act; (c) to furnish a copy of the information so recorded forthwith to the informant; (d) to record the statement of the victims or witnesses; (e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days, and to explain the delay if any, in writing; (f) to correctly prepare, frame and translate any document or electronic record; (g) to perform any other duty specified in this Act or the rules made thereunder: Provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative enquiry. (3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.]" Rule 5. Information to police officer in-charge of a police station – "(1) Every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be maintained by that police station. (2) A copy of the information as so recorded under sub-rule (1) above shall be given forth-with free of cost, to the informant. (3) Any person aggrieved by a refusal on the part of an officer in-charge of a police station to record the information referred to in sub-rule (1) may send the substance of such information, in writing and writing any by post, to the Superintendent of Police concerned who, after investigation either by himself or by police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer in-charge of the concerned police station to enter the substance of that information to be entered in the book to be maintained by that police station."

9. Prima facie, from perusal of the aforesaid Section 4 of the SC/ST Act and Rule 5 of the SC/ST Rules, it is evident that it was the statutory duty of the concerned police station, including its officers, to follow the mandate under the SC/ST Act, and an FIR should have been registered.

10. Section 18A of the SC/ST Act provides rather prohibits that no inquiry or approval is required for registering the FIR. The relevant paragraph of Section 18A of SC/ST Act is extracted below:- "18A. No enquiry or approval required.— (1) For the purposes of this Act,— (a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or (b) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply."

11. From a perusal of the impugned order, it appears that the learned Magistrate has inquired into the factum before passing the impugned order. Thus, in fact, he has conducted an inquiry himself, which is prohibited under the Act. In this case, the First Information Report should have been registered by the concerned Police Officer at the Police Station, Jagatpur. Since the F.I.R. was not registered, she approached the Superintendent of Police Raebareli. He also appears to have not followed the mandate under Section 4 of the SC/ST Act as well as Rule 5 of the SC/ST Rules. Thereafter, learned Special Court, while passing the impugned order, instead of directing the concerned Police Station to register the First Information Report, conducted the inquiry himself, which is prohibited under Section 18-A of the SC/ST Act. Thus, in view of the aforesaid discussion, this impugned order cannot be sustained and is liable to be set aside.

12. Accordingly, the appeal is allowed. The impugned order dated

18.11.2024 passed by the learned Special Judge SC/ST Act Raebareli is hereby quashed and the matter is remanded to the learned court below to decide the application filed by the applicant/victim under Section 173(4) BNSS and pass a fresh order within a period of one month from the date of production of the certified copy of this order in view of the discussion made herein-above and keeping in view the mandatory provisions of the SC/ST Act as well as the SC/ST Rules. Order Date :- 6.1.2025 Madhu D.R/P.S MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench