Important Point - The impugned order under Section 156(3) of the Cr.P.C against the applicants is hereby quashed and set aside.

K.K. Sonawane, J.

1. Heard. Rule. Rule made returnable forthwith. Matter is taken up for final hearing with the consent of parties. This is a unique case where the Civil Judge (J.D.), while exercising jurisdiction of the Civil Court, dealing with the civil proceeding, i.e. R.C.S. No. 61 of 2014, ventured to utilize the powers of a Magistrate as envisaged under the Code of Criminal Procedure, and proceeded to direct investigation under Section 156(3) of Cr.P.C. barely on the protest application filed on behalf of the defendants in the suit.

2. The applicant moved the present application under section 482 of Cr.P.C. to quash and set aside the impugned order passed under Section 156(3) of the Cr.P.C. as well as consequential proceeding of FIR bearing Crime No. 3/14, registered with Bardapur Police Station, under Section 3(1)(g), 3(1)(r) and 3(1)(z) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as, “the Atrocities Act, 1989” for sake of brevity) and Section 506 r/w. 34 of IPC.

3. It has been contended that the applicants are owner and in possession of agricultural land Gat No. 176, located at village Nandgaon, Tahsil Ambejogai. There was no access for ingress and egress to the land Gat No. 176 of the applicants. Therefore, in the year 2006 the applicants purchased the portion of adjoining land Gat No. 175, from one Prayagabai Chavan. The Mutation entry of the same was also effected in the revenue record. Since purchase of the land applicants were utilizing it for going to their land Gat No. 176. The portion of land Gut No. 175 belonging to respondent No.2 Ashok Shinde and his brothers was located abutting to the land of applicants. The respondents always used to create obstruction in the path way created from the land of applicants bearing Gut No. 176. Therefore, the applicants instituted the civil proceedings bearing R.C.S. No. 61 of 2014 and claimed the relief of declaration and injunction against the respondent No.2 and his family members. The learned Civil Judge (Junior Division) Ambejogai, issued the suit summons to the defendants i.e. respondent No.2-herein and his family members for appearance in the proceeding. Accordingly, on receipt of the summons, respondent No.2 being defendant No.1 caused his appearance in the proceedings before the Civil Judge, Junior Division, Ambejogai.

4. However, while putting his appearance in civil proceeding RCS No. 61 of 2014, respondent No.2 filed an application-cum-memorandum before the Civil Court and ventilated the grievances against the plaintiffs/applicants herein. The learned Civil Judge appreciated the grievance of respondent No2- Ashok Shinde and issued directions to the Bardapur Police to investigate under Section 156(3) of Cr.P.C. Pursuant to the directions of the learned civil Judge (J.D.), Ambejogai, Police of Bardapur Police Station, registered Crime No. 3 of 2014 for the offences under the Atrocities Act, 1989 and set the investigation into motion.

5. Being aggrieved by the impugned order of directing police to investigate under Section 156(3) and resultant registration of Crime NO. 3 of 2014, the applicants invoking remedy under Section 482 of Cr.P.C. preferred the present application and put in controversy the legality, validity and propriety of the impugned order, passed under Section 156(3) of Cr.P.C. and consequential registration of crime No. 3 of 2014, before this Court.

6. The learned counsel for the applicants vehemently submitted that the impugned order passed under Section 156(3) of Cr.P.C. by the learned Civil Judge is erroneous , illegal and not within the ambit of law. The Civil Judge while exercising the powers of a civil court has no authority to pass such order under Section 156(3) of the Cr.P.C. According to learned counsel the application-cum-complaint of respondent No. 2 came to be filed being the written statement/say of defendant in the civil proceeding i.e. R.C.S. No. 61 of 2014. The applicat