No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 772 of 2026 Hon ’ble Alok Mah r a, J. Mr. Kaushal Sah Jagati and Mr. Yogesh Upadhayay, learned counsel for the applicant. 2. Mr. B.N. Molakhi, learned D.A.G. for the State. 3. In this case, applicant has filed a complaint under Section 175(3) of BNSS, wherein, it was alleged that when they were in the court premises on 10.11.2025, then at about 12: 30 PM, the respondent no. 2 abused them with caste specific remarks in front of several persons including the lawyers. By the impugned order dated 21.01.2026, the learned Special Session Judge, Udham Singh Nagar has dismissed the complaint of the applicant on the ground that on the basis of the inquiry conducted by the Police, it was found that the presence of the witnesses, which the complainant has named in his complaint, was doubtful at the place of incident, as the location of mobile of the witnesses was not found even nearby the place of the incident at the time when the alleged incident took place. 4. Learned counsel for the applicant would submit that Section 18A(1)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides that no preliminary inquiry is required before registration of an FIR and if the allegations made in the complaint discloses a cognizable offence under the SCST Act, then, FI R is to be registered immediately. On this basis, learned counsel for the applicant has submitted that the learned Special Session Judge erred in dismissing the complaint based on the preliminary report of the Police. 5. Heard learned counsel for the parties and perused the record. 6. This Court finds some force in submission made by learned counsel for the applicant. 7. Considering the aforesaid submission, under the facts and circumstances of the case, the present criminal misc. application is allowed. The order dated 21.01.2026 passed by the court of learned Special Session Judge, District Udham Singh Nagar in Misc. Criminal Application No. 2 of 2026 is hereby set-aside. 8. The concerned Police Station is directed to lodge the FIR under Section 173 of BNSS and thereafter proceed further, in accordance with law. ( Alok Mah r a J.) 14.05.2026 Ujjwal