ORDER :

1. Proceedings of this matter have been taken­up for final hearing through video conferencing.

2. In this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’), the following twin question arise for consideration:

1. Whether the Special Court constituted under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act of 1989’) has power and jurisdiction to invoke the provisions contained in Section 156(3) of the Code referring the complaint of the complainant/respondent No.2 herein to the Station House Officer, Police Station AJAK for registration of FIR and consequent investigation?

2. If yes, whether the Special Judge is justified in invoking power and jurisdiction under Section 156(3) of the Code in directing registration of FIR and investigation after finding compliance with the provisions contained in sub­sections (1) and (3) of Section 154 of the Code?

3. The petitioners calls in question legality, validity and correctness of the impugned order dated 15­1­2018 passed by the learned Special Judge under the Act of 1989, Korba, exercising power under Section 156(3) of the Code by which the learned Special Judge has directed the Station House Officer, Police Station AJAK, Korba to register FIR against the petitioners and to investigate the matter and submit report and to take further consequential action against them.

4. Respondent No.2 herein/complainant Dukhlal Kanwar made a complaint to the Collector, Korba on 27­3­2017, though the complaint was addressed to the Station House Officer, Police Station AJAK, Korba, stating that he is owner and title­holder of the land in dispute situated at Village Chuiya, Tahsil & Distt. Korba, bearing Khasra No.214/45 in which petitioner No.1 and other persons have started constructing boundary wall which was opposed by several persons and ultimately, the subject land was demarcated on 26­9­2012, but thereafter, on 28­9­ 2012, petitioner No.2 Surendra Jaiswal and others came to the subject land and started working which was opposed by him, then they abused him and threatened him to kill. By the above­stated complaint, the complainant/respondent No.2 herein made request to the Collector, Korba to direct for handing over the possession of subject land to him and to register offences against the concerned persons. Over the complaint, the Collector in his own writing directed the Superintendent of Police, Korba to do the needful and further directed his Reader to enquire the case. It appears that pursuant to the said complaint, the complaint was registered as revenue case and ultimately, on 15­12­2017, the Collector, Korba directed that as per the report of the Sub­Divisional Officer (Revenue), Korba, petitioner No.1 is in possession of Khasra No.214, area 0.182 hectare, and Section 170­B of the Chhattisgarh Land Revenue Code, 1959 (for short, ‘the Land Revenue Code’) is attracted and directed the Sub­Divisional Officer (Revenue), Korba to initiate proceeding under Section 170­B of the Land Revenue Code against the person concerned. Thereafter, it appears that on 7­4­2017, the land in dispute was again subjected to demarcation and on 7­4­2017, petitioner No.1 also filed a civil suit bearing Civil Suit No.3A/2017 before the Court of 2nd Additional District Judge, Korba. It appears that thereafter, on 12­4­2017, respondent No.2 along with two other persons namely, Pratap Singh Kanwar and Ghasiya Singh Kanwar, made a complaint to the Superintendent of Police, Korba stating therein that on 7­4­2017, some antisocial elements threatened them to withdraw the case relating to the subject land which was demarcated on 7­4­2017 and boundary wall already constructed is also being broken, and finally, they prayed that possession of land be handed­over to them and their life and property be protected. Similarly, on 4­9­2017 also, respondent No.2 made a complaint to the Superintendent of Police, Korba for re