HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9518 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. Heard learned counsel for the appellant and learned A.G.A. for the State. Mr P. K. Srivastava, learned counsel for the opposite party no. 2 is also present. The present Criminal Appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed challenging the validity of the order dated 22.07.2024 passed by the learned Additional Sessions Judge, Special Judge, SC/ST Act, Sant Kabir Nagar in Criminal Case No. 138 of 2024, under Sections 156(3) Cr.P.C. whereby the application moved by the appellant under Section 156(3) Cr.P.C. for directing registration and investigation of the case has been rejected. The submission advanced by the learned counsel for the appellant is that the allegations made in the application clearly disclose the commission of a cognizable offence. In such circumstances, the learned court was duty bound to direct investigation by the police, but he has illegally declined to exercise such jurisdiction. It is argued that the impugned order suffers from manifest error of law and deserves to be set aside. Per contra, learned A.G.A. has supported the impugned order and has submitted that the court below, upon due consideration of the facts and circumstances, has rightly rejected the application and the same does not call for any interference. Versus Counsel for Appellant(s) : Vikas Yadav, Vishveshwar Mani Tripathi Counsel for Respondent(s) : G.A., Prince Kumar Srivastava Amarjeet .....Appellant(s) State Of U.P. And 2 Others .....Respondent(s) I have carefully considered the rival submissions and perused the impugned order along with the material placed on record. It is well settled that while exercising powers under Section 156(3) Cr.P.C., the court is not to act mechanically. The Court has the discretion to either direct registration of a case and investigation by the police, or to treat the application as a complaint and proceed under Chapter XV of the Code of Criminal Procedure. The exercise of such discretion must be judicial and based on the facts of each case. In the present case, the learned court has recorded cogent reasons for rejecting the prayer under Section 156(3) Cr.P.C. On overall consideration, I do not find any illegality, perversity, or jurisdictional error in the order passed by the court below so as to warrant interference in the present appeal. The reasons assigned are just, proper, and in accordance with law. Accordingly, the appeal lacks merit and is hereby dismissed. October 14, 2025 RavindraKSingh CRLA No. 9518 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad