CHHATTISGARH HIGH COURT
Not mentioned,
Jaisingh Agrawal and Another v. State of Chhattisgarh and Another
Writ Petition No. (S) 352 of 2018
| Table of Content |
|---|
| 1. questions of jurisdiction and power under s.156(3) of the code (Para 1 , 2 , 3 , 4) |
| 2. petitioner's challenge to the special judge's order (Para 6 , 7) |
| 3. respondent's argument supporting the special judge's authority (Para 8 , 9) |
| 4. court's analysis of s.156(3) application requirements (Para 10 , 11) |
| 5. court's observations on the nature of special courts (Para 12 , 13 , 14 , 15 , 16 , 20) |
| 6. legal implications of the amendments to the act of 1989 (Para 18 , 19 , 25) |
| 7. preconditions for invoking s.156(3) outlined (Para 30 , 31) |
| 8. failure to comply with s.154(1) and s.154(3) (Para 33 , 39 , 41) |
| 9. conclusion and quashing of the special judge's order (Para 44 , 45 , 46) |
1. Proceedings of this matter have been taken up for final hearing through video conferencing.
2. In this petition under S.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 S.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 S.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 S.156(3) of the Code in directing registration of FIR and investigation after finding compliance with the provisions contained in sub-sections (1) and (3) of S.154 of the Code?
3. The petitioners calls in question legality, validity and correctness of the impugned order dated 15-1-2018 passed by the learned Special Judge under the Act of 1989, Korba, exercising power under S.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 27-3-2017, though the complaint was addressed to the Station House Officer, Police Station AJAK, Korba, stating that he is owner and title - holder of the land in dispute situated at Village Chuiya, Tahsil and 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 26-9-2012, but thereafter, on 28-9-2012, 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 above stated 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 15-12-2017, the Collector, Korba directed that as per the report of the Sub-Divisional Officer (Revenue), Korba, petitioner No.1 is in possession of Khasra No.214, area 0.182 hectare, and S.170 - B of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Land Revenue Code') is attracted and directed the Sub-Divisional Officer (Revenue), Korba to initiate proceeding under S.170 - B of the Land Revenue Code against the person concerned. Thereafter, it appears that on 7-4-2017, the land in dispute was again subjected to demarcation and on 7-4-2017, petitioner No.1 also filed a civil suit bearing Civil Suit No.3A / 2017 before the Court of 2nd Additional District
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