REWARAM Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on admission. Admit. With the consent of the parties, the revision is heard finally. The applicants have filed this revision against the impugned order dated 14-7-2004 passed by Special Judge, Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act in Cr. R. No. 75/2004, whereby allowed the revision and ordered for registration of offence against the applicants under Section 506 of IPC and Section 3 (1) (10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act"), thereby setting aside the order passed by JMFC, Maheshwar, District Khargone in Private Complaint Case No. 94/2004 on 10-3-2004.

(2.) THE non-applicant No. 2 has filed the complaint against the applicants for the offences under Sections 294,504,323,506-11 of IPC and under Section 3 (1) (10) of the Act. The learned Trial Court, alter recording the statement of complainant and his witnesses under Sections 200 and 202, Cr. PC and also called the police report under Section 156 (3) of the Cr. PC registered the complaint only under Sections 294, 323 read with Section 34 of the IPC 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 IPC also. Against this order, this revision has been filed by the applicant before this Court.

(3.) THE contention of the learned Counsel for applicant is that against the dismissal of complaint under Section 203, Cr. PC for the offence under Section 3 (1) (10) of the Act and 506 of IPC, the Revisional Court at the most can remand the case back for further enquiry as per provision under Section 398 of the Cr. PC. The learned Revisional Court has no jurisdiction to direct for registration of a particular crime, and issuing process against the applicants.