(1.) The petitioner has filed the present Cr.M.P. under Section 482 Cr.P.C. challenging the order dated 04.04.2014 passed by the learned Judicial Magistrate First Class, Mahasamund in Complaint Case No. J-377/2014 and order dated 08.04.2015 passed by the learned Additional Sessions Judge, Mahasamund in Criminal Revision No. H- 90/2014.
(2.) The facts as projected by the petitioner are that petitioner is a resident of Mahasamund belonging to Bhanumati Caste which falls within the category of Scheduled Caste within the State of Chhattisgarh. He has purchased lands bearing Khasra No. 489/4 and 489/2 total area 14000 Square Feet by registered sale deed from the complainant on payment of Rs. 7,00,000/-. The complainant/respondent No.1 pressurized the petitioner to purchase adjacent lands also from him which was accepted by the petitioner and in this regard an agreement was entered upon by the petitioner with the complainant. However, a dispute occurred between them out of such agreement. As such, petitioner filed a complaint on 16.05.2004 bearing Crime No. 196/2004 registered at police station, Mahasamund under Sections 294, 506 IPC read with Section 3(1)(x) of the Scheduled Caste, Scheduled Tribes (Prevention of Atrocities) Act, 1989. A challan was filed by the police against respondent No.1, but the prosecution could not prove the aforesaid offence and respondent No. 1 was acquitted from the charges vide order dated 28.03.2007 passed by the learned Special Judge, SC/ST Act, Mahasamund.
(3.) Thereafter, the complainant/respondent No.1 filed complaint before learned Judicial Magistrate First Class, Mahasamud on 28.04.2011 under Sections 193, 198 and 420 IPC against the petitioner. Learned Judicial Magistrate First Class recorded statement of the complainant on 09.03.2014 and has taken cognizance in the matter for the offence under Sections 193, 198 and 420 IPC against petitioner vide its order dated 04.04.2014. The petitioner challenged the said cognizance of the complaint by filing criminal revision before the learned Additional Sessions Judge, Mahasamund and same was dismissed by order dated 08.04.2015.