IMPORTANT POINT
A complaint dismissed before registration does not bar a subsequent complaint on the same facts, provided it is not dismissed on merit.

ORDER :

1. This revision petition has been preferred by the applicant under Section 397 read with Section 401 of CrPC against the order dated 04.04.2018 passed Special Judge, under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case No. 09/2018 whereby complaint under Sections 420,451,354, 294, 506 Part-II of the IPC and 3(1) B (I) and (ii) and 3(2) (Va) of SC and ST Act has been registered against the applicant and accused has been summoned by the Special Court.

2. Brief facts of the case are that the complainant met the applicant about 3 years age where the accused introduced himself as leader of Shiv Sena and told that he has connection with the ruling party leaders and he can provide government job to the complainant. The complainant was in need of job, therefore she told her sister and brother-in-law about the assurance of job given by the applicant and gave Rs. 2,00,000/- cash to the accused in July 2016. Subsequently the accused took her signature on the plain paper and told that call letter would have come from Raipur after a few months. It is alleged that after lapse of five months she did not receive any information from the accused, then she pressurized him thereafter the accused told her that he was trying to provide job of Aaya in Bhimrao Ambedkar Hospital where his wife was posted as CMO and also stated that some papers are stuck there and Rs. 2,00,000/- will be required to pay then the complainant gave Rs. 1,00,000/- more to the accused in the month of December, 2016 yet she did not receive any call letter from the accused. It is alleged that on 05.01.2017 she went to the house of the accused to ask her money then the accused called her inside the room and forcefully caught hold her, pressed her chest and tried to kiss her thereafter the accused abused her in the name of her caste, pulled her hair, bet and threw her on the sofa thereafter threatened to kill her and family member also. She reported the matter to the police. Since no action was taken by the Police despite complaint was filed, the complainant filed an application under Section 156(3) CrPC seeking registration of the FIR against the accused. Learned Judicial Magistrate, First Class, Bilaspur directed for investigation to Police Station City Kotwali thereafter Police after recording the statements of the witnesses submitted report before Judicial Magistrate. On 05.07.2017 learned Judicial Magistrate dismissed the application filed under Section 156(3) of the CrPC.

3. The complainant filed application under Section 200 CrPC on 29.11.2017 before Special Judge, SC and ST Act, 1989 for registration of offence. Learned Special Judge after appreciating the material, statement of the witness has registered the complaint under Sections 420, 451, 354, 294, 506 Part-II of the IPC and 3(1) B (I) and (ii) and 3(2) (Va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)Act, 1989 against the accused. Being aggrieved by the order passed by Special Judge, Bilaspur the applicant has preferred this revision before this Court.

4. Learned counsel for the applicant would submit that the order of registration of complaint is improper, incorrect and illegal in the eyes of law as earlier complaint under Section 156(3) of the CrPC was filed and the same was dismissed. He would further submit that if the prosecution story is taken as it is even then offence under the atrocities Act is not made out because calling of a person by his/her caste does not constitute the offence. He would further submit that alleged act was committed on account of some money dispute, therefore, prima-facie no case is made out against the applicant. He would further submit that learned Judicial Magistrate directed the police to conduct inquiry and after inquiry the police has found that allegations are false, as such on the same facts cognizance taken by the learned Special Judge and registration of complaint is illegal. He would further submit that