Harsh Kumar, J. - (1.) The appeal has been filed under section 14-A(1) of S.C./S.T. Act against the summoning order dated 17.7.2018 passed by Special Judge, S.C./S.T. Act/Additional Sessions Judge, Court No.2,- Chitrakoot in Criminal Complaint Case No.31 of 2018, "Nanki Devi Vs. Anand and others", Case Crime No.326 of 2016, under sections 323, 504, IPC and Section 3(1) Dha S.C./S.T. Act (Prevention of Atrocities) Act, 1989, P.S. Rajapur, District Chitrakoot.
(2.) Heard learned counsel for the appellants, learned AGA for the State and perused the record.
(3.) Learned counsel for the appellants contends that the entire proceedings under the complaint case are absolutely false, concocted and malafide; that the Manager of Kedarnath Ramswaroop Mahavidhyala, Khatwara, Chitrakoot moved an application to A.D.M., Chitrakoot on 3.9.2016; that on land plot no.272 area 1.2260 hectare of the Vidhyalaya in village Khatwara, Chandan (the husband of respondent no.2) is unauthorizedly raising constructions of house and due to such constructions, the students are facing obstructions in passing to and from the college and the Institution is suffering, so the constructions be removed; that upon this application, it was ordered by the authorities on 6.9.2016 that after demarcation, the dispute be solved; that after passing of such orders on 6.9.2016, the respondent no.2 lodged a false F.I.R. on 10.9.2016 regarding the alleged incident dated 7.9.2016; that no incident as mentioned in the F.I.R. did ever take place and the appellants neither abused the respondent no.2 with caste name nor committed marpeet with her nor caused any injury to her; that upon investigation, the Investigating Officer found no substance in the F.I.R. and submitted final report; that against the final report, the respondent no.2 filed protest petition upon which vide order dated 18.5.2018, the learned Magistrate rejected the final report and treated the protest petition, as complaint fixing 1.6.2018 for recording the statement of complainant under section 200 Cr.P.C.; that learned Magistrate after recording the statements of complainant and witnesses under sections 200 and 202 Cr.P.C. has passed the impugned order taking cognizance and issued process against the appellants for the offences under sections 323, 504 IPC and Section 3(1) Dha S.C./S.T. Act; that alleged constructions by respondent no.2 or by her husband are unauthorized and have been raised on plot no.272, as have also been found by Civil Court Amin in his report submitted by him in Civil Suit No.265 of 2016 (Kedarnath Vs. Chandan and others) at Annexure No.17; that the impugned order of cognizance is wrong and incorrect and is liable to be set aside.;