REWA RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on ad-mission. Admit.

(2.) The non-applicant No. 2 has filed the complaint against the applicants for the offences under sections 294, 504, 323, 506-II of Indian Penal Code and under section 3(1)(10) of the Act. The learned trial Court, after recording the statement of complainant and his witnesses under sections 200 and 202, Criminal Procedure Code and also called the police report under section 156(3) of the Criminal Procedure Code, registered the complaint only under sections 294, 323, read with section 34 of the Indian Penal Code and did not register the offence under section 3(1)(10) of the Act. Against this order dated 10-3-2004, the non-applicant No. 2 went up in revision and the learned lower revisional Court (Special Judge under the Act) has allowed the revision and directed the trial Court to register the offence under section 3(1)(10) of the Act and 506 of Indian Penal Code also. Against this order, this revision has been filed by the applicant before this Court.

(3.) The contention of the L.C. for applicant is that against the dismissal of complaint under section 203, Criminal Procedure Code for the offence under section 3(1)(10) of the Act and 506 of Indian Penal Code, the revisional Court at the most can remand the case back for further enquiry as per provision under section 398 of the Criminal Procedure Code. The learned revisional Court has no jurisdiction to direct for registration of a particular crime, and issuing process against the applicants.