RAMSOHAWAN Vs. STATE OF M P

JUDGEMENT

(1.) BY order dated 13th August, 2001, Addl. Chief Judicial Magistrate, Nagod, refused to take cognizance of any offence on the complaint of this petitioner, wherein as many as 42 persons were alleged to have committed offences punishable u/s 447, 147, 148, 294, 506B and 427 read with section 34 of the IPC in the night intervening 9th and 10th October, 1999, at village Jamunihai, on the land bearing No. 6/2 area 4.25 acres. The same stood unsuccessfully challenged by this petitioner in Criminal Revision No. 213/2001, which stood disposed of by Special Judge (Atrocities), Satna on 18th December, 2001.

(2.) IT is submitted by Shri Vijay Nayak, appearing on behalf of the petitioner, that on copy of complaint being seet to concerning police station under sub -section (3) of section 156 of the Code of Criminal Procedure, the police reported the fact of unauthorised encroachment by the non -applicants/accused persons, on 9th October, 1999, by constructing the hutments.

(3.) ON report being submitted by the police station, as required under sub -section (3) of section 156 of the CrPC, the Magistrate concerned is not under an obligation to accept the same. Secondly, the learned ACJM is found to have very carefully and minutely appreciated all the facts and circumstances stated by the petitioner and his witnesses in their statements recorded u/s 202 of the CrPC, so also the facts and circumstances of the documents submitted on behalf of the petitioner, in recording this opinion that infact a dispute of civil nature seems to be in existence between the parties but with an intent to create undue pressure, the petitioner/complainant has submitted a complaint on imaginary facts.