IMPORTANT POINTS
Revision court is authorized to examine correctness, legality or propriety of any findings, sentence or order.
An order directing the Magistrate to keep observations of revisional court in mind amounts to influencing the Magistrate.
While taking cognizance, Magistrate has to independently apply his mind.

JUDGMENT :

N.V. Ramana, J.

1. Leave granted.

2. In this criminal appeal the judgment dated 08.07.2014, passed by the High Court of Madhya Pradesh, bench at Gwalior in Criminal Revision No. 104/2013 is impugned.

3. Appellant herein filed a complaint before the jurisdictional police station under Sections 420, 467, 468, 471,120B, 506 of Indian Penal Code, 1860 [hereinafter referred as ‘IPC’ for brevity] and under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the allegations that one Smt. Vidhyabai and others sold the disputed land to respondent no. 1 and got the appellant’s property mutated by committing fraud and forgery. It was further alleged that the respondents had threatened the appellant with dire consequence and swore at them with filthy language intended to belittle his caste/tribe. It may be noted that the concerned police station did not take any action on the aforesaid complaint.

4. Aggrieved by the inaction of the police, the appellant approached the Jurisdictional Magistrate, Gwalior, with the same set of facts under Section 200 of Cr.P.C.

5. The Judicial Magistrate, 1st Class, Gwalior, by Order dated 21.04.2012, dismissed the aforesaid criminal complaint on the footing that there was no sufficient proof on record provided by the appellant/complainant to prove that he belongs to Scheduled Caste or Scheduled Tribe and the dispute between the parties had trappings of civil nature.

6. Aggrieved by the aforesaid dismissal of criminal complaint, appellant approached Addl. District and Sessions Judge [hereinafter referred as ‘Sessions Court’ for brevity] in Criminal Revision No. 242/2012. The Sessions Court, by the order dated 07.12.2012, held that the complainant belonged to Jatav community which is a Scheduled Caste. Further the Sessions Court observed that the facts narrated portray that the respondent no. 1 in conspiracy with others had transferred the land belonging to the appellant in an illegal manner. Thereafter, concluded that the lower court did not appreciate the facts as well as the law in a proper manner and remanded the case in the following manner:-

This revision is allowed and order dated 21.04.2012 passed by Court is set aside and case is remanded back with a direction that if necessary after a further enquiry keeping in view the findings given in this order, proper order be passed with regard to registration of complaint and to summon the respondents and for that directed the parties to remain present before the Court below on 20.12.2012. (Emphasis supplied)

7. On remand of the case, Judicial Magistrate, vide order dated 23.01.2013, while taking cognizance of the aforesaid offences under Section 420, 467, 471, 120-B of IPC and 3(1)(4) of SC/ST Act, registered the complaint as Criminal Case No. 1576/2013 and on 23-02-2013, learned Magistrate noted as under:-

...the court is required to prima facie decide question of initiating proceeding arises or not. It is pertinent that in this case learned Revisional Court has prima facie already found sufficient ground for initiating proceeding against non-applicants. (emphasis supplied)

8. In the meanwhile, aggrieved by the remand order dated 07.12.2012 passed by the Sessions Court and the order of the Magistrate, dated 23.01.2013, taking cognizance, the respondent filed revision before the High Court being Criminal Revision No. 104/2013. By the impugned judgment dated 08.07.2014, the High Court allowed the revision petition and quashed the complaint on the reason that the revisonal court could not have taken cognizance on 23.01.2013 as the same was in violation of Section 398 of Cr.P.C.

9. We have heard learned counsels appearing on behalf of both the parties.

10. The questions that fall for consideration are in regard to the legality of the remand order passed by the Sessions Court and the order of the learned Magistrate taking cognizance thereafter. As the High Court has dealt with the validity of both the orders, we would like to