BHAGWAN PRASAD GAUTAM Vs. SMT. SHANTI KOL

JUDGEMENT

(1.) This petition under Section 482 of the Code of Crimi- nal Procedure has been filed by the petitioners against the order dated 15.9.2010 passed by Special Judge, Sidhi in Criminal Revi- sion No.144/2009 and for quashing the criminal proceedings as also the order dated 27.7.2009 passed by JMFC Sidhi in Private Complaint Case No.848/2009. By the order dated 15.9.2010 the revisional court has modified the order dated 27.7.2009 passed by J.M.F.C. Sidhi in criminal case No.848/2009 and has directed the J.M.F.C. Sidhi to register the complaint under sections 147 , 149 , 504 , 506 I.P.C. and sections 3(1)(v) and 3(1)(x) of the of the S.C. and S.T. (Prevention of Atrocities) Act, in place offence under sec- tions 147, 148, 149, 294, 323/34 and 506 Part II I.P.C .

(2.) Facts of the case in narrow compass are that the re- spondent no.1 filed a complaint before the J.M.F.C. Sidhi alleging the facts with regard to commission of offence punishable under sections 147 , 148 , 149 , 294 , 323 , 506 / 34 of the I.P.C. and sections

(3.) (1)(v) and 3(1)(x) of the S.C. and S.T. (Prevention of Atrocities) Act, by the applicants as a consequence whereof the learned J.M.F.C. vide order dated 27.7.2009 registered the complaint against the applicants for the offence under sections 147 , 148 , 149 , 294 , 323 / 34 and 506 Part II I.P.C. Against the said order the ap- plicants filed a revision petition before the learned Special Judge. The learned Special Judge vide order dated 15.9.2010 directed that against the applicants prima facie offence punishable under sections 147 , 149 , 504 and 506 of the I.P.C. and sections 3(1)(v) and 3(1)(x) of the S.C. and S.T. (Prevention of Atrocities) Act is made out. Accordingly, the revisional court modified the order dated 27.7.2009 passed by the learned J.M.F.C. Sidhi. 3. Against the aforesaid order, this petition has been filed on the ground that the order passed by the revisional court is con- trary to law. The learned revisional court under section 398 Cr.P.C. has no power to direct the learned trial court to register a criminal case with regard to commission of an offence. The revi- sional court can only pass the order of direction with regard to further enquiry into the matter. Hence, the order passed by the revisional court with regard to modification in the order dated 27.7.2009 passed by J.M.F.C. is illegal and unsustainable in law. Apart from it, the complaint filed by the respondent no.2 is false, frivolous and vexatious and is a counter blast of the civil and crim- inal proceedings initiated against the complainant at the instance of the applicants. Hence, criminal proceedings commenced on the complaint filed by the respondent no.2 amount to misuse of the process of the court.