SUSHEELSINH UDAYVEERSINH BHADORIYA Vs. DIPAKJI KANTIJI THAKORE

JUDGEMENT

(1.) This revision petition has been preferred by the applicant under Sec. 397 read with Sec. 401 of CrPC against the order dtd. 4/4/2018 passed Special Judge, under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case No. 09/2018 whereby complaint under Ss. 420,451,354, 294, 506 Part-II of the IPC and 3(1) B (I) and (ii) and 3(2) (Va) of SC and ST Act has been registered against the applicant and accused has been summoned by the Special Court.

(2.) Brief facts of the case are that the complainant met the applicant about

(3.) years age where the accused introduced himself as leader of Shiv Sena and told that he has connection with the ruling party leaders and he can provide government job to the complainant. The complainant was in need of job, therefore she told her sister and brother-in-law about the assurance of job given by the applicant and gave Rs.2,00,000.00 cash to the accused in July 2016. Subsequently the accused took her signature on the plain paper and told that call letter would have come from Raipur after a few months. It is alleged that after lapse of five months she did not receive any information from the accused, then she pressurized him thereafter the accused told her that he was trying to provide job of Aaya in Bhimrao Ambedkar Hospital where his wife was posted as CMO and also stated that some papers are stuck there and Rs.2,00,000.00 will be required to pay then the complainant gave Rs.1,00,000.00 more to the accused in the month of December, 2016 yet she did not receive any call letter from the accused. It is alleged that on 5/1/2017 she went to the house of the accused to ask her money then the accused called her inside the room and forcefully caught hold her, pressed her chest and tried to kiss her thereafter the accused abused her in the name of her caste, pulled her hair, bet and threw her on the sofa thereafter threatened to kill her and family member also. She reported the matter to the police. Since no action was taken by the Police despite complaint was filed, the complainant filed an application under Sec. 156(3) CrPC seeking registration of the FIR against the accused. Learned Judicial Magistrate, First Class, Bilaspur directed for investigation to Police Station City Kotwali thereafter Police after recording the statements of the witnesses submitted report before Judicial Magistrate. On 5/7/2017 learned Judicial Magistrate dismissed the application filed under Sec. 156(3) of the CrPC. 3. The complainant filed application under Sec. 200 CrPC on 29/11/2017 before Special Judge, SC and ST Act, 1989 for registration of offence. Learned Special Judge after appreciating the material, statement of the witness has registered the complaint under Ss. 420,451,354, 294, 506 Part-II of the IPC and 3(1) B (I) and (ii) and 3(2) (Va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)Act, 1989 against the accused. Being aggrieved by the order passed by Special Judge, Bilaspur the applicant has preferred this revision before this Court.