ORDER :

1. The petitioner has filed the present Cr.M.P. under Section 482 Cr.P.C. challenging the order dated 04.04.2014 passed by the learned Judicial Magistrate First Class, Mahasamund in Complaint Case No. J-377/2014 and order dated 08.04.2015 passed by the learned Additional Sessions Judge, Mahasamund in Criminal Revision No. H- 90/2014.

2. The facts as projected by the petitioner are that petitioner is a resident of Mahasamund belonging to Bhanumati Caste which falls within the category of Scheduled Caste within the State of Chhattisgarh. He has purchased lands bearing Khasra No. 489/4 and 489/2 total area 14000 Square Feet by registered sale deed from the complainant on payment of Rs. 7,00,000/-. The complainant/respondent No.1 pressurized the petitioner to purchase adjacent lands also from him which was accepted by the petitioner and in this regard an agreement was entered upon by the petitioner with the complainant. However, a dispute occurred between them out of such agreement. As such, petitioner filed a complaint on 16.05.2004 bearing Crime No. 196/2004 registered at police station, Mahasamund under Sections 294, 506 IPC read with Section 3(1)(x) of the Scheduled Caste, Scheduled Tribes (Prevention of Atrocities) Act, 1989. A challan was filed by the police against respondent No.1, but the prosecution could not prove the aforesaid offence and respondent No. 1 was acquitted from the charges vide order dated 28.03.2007 passed by the learned Special Judge, SC/ST Act, Mahasamund.

3. Thereafter, the complainant/respondent No.1 filed complaint before learned Judicial Magistrate First Class, Mahasamud on 28.04.2011 under Sections 193, 198 and 420 IPC against the petitioner. Learned Judicial Magistrate First Class recorded statement of the complainant on 09.03.2014 and has taken cognizance in the matter for the offence under Sections 193, 198 and 420 IPC against petitioner vide its order dated 04.04.2014. The petitioner challenged the said cognizance of the complaint by filing criminal revision before the learned Additional Sessions Judge, Mahasamund and same was dismissed by order dated 08.04.2015.

4. Learned counsel for the petitioner would submit that taking cognizance of the offence is illegal and hit by Sections 195 and 340 of the Cr.P.C. It is further contended that the State of Chhattisgarh has framed the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (hereinafter referred to as 'The Act, 2013'), published in Government Gazette on 27.06.2013 made effective from 29.04.2013. According to that Act, High Power Caste Scrutiny Committee has been authorised to take action for the offence committed and also to impose penalties. He would refer to Sections 10, 11 and 12 of the Act, 2013 which are extracted below :-

“10. Offences and Penalties. - (1) Where a Social Certificate has been cancelled under Section 8, the person obtaining such Certificate shall be punished with rigorous imprisonment for a term, which shall not be less than three months but which may extend to two years and with fine, which shall not be less than two thousand rupees and which may extend to twenty thousand rupees.

(2) No court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the High Power Certification Scrutiny Committee or on its behalf by any person so authorized by the High Power Certification Scrutiny Committee for this purpose.

11. Offences under the Act to be cognizable and non-bailable. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences punishable under Section 10 of this Act shall be cognizable, non-bailable and may be tried summarily.

12. Penalty for issuing false social status certificate –

(1) Any person or authority, performing the functions of Competent Authority under this Act, who intentionally issues a false Social Status Certificate, shall be punished wit