This petition has been filed under Section 482 of Cr.P.C. for

quashing the order dated 26.7.2021, passed by the Court of 2^nd

Additional Sessions Judge, Mandsaur in Criminal Revision No.

87/2018, whereby the order dated 11.7.2018 passed by the Court of

Judicial Magistrate First Class [in short JMFC], Mandsaur in Criminal

complaint No.0/2018 “Ismail Vs. Raees and others” rejecting the

unregistered criminal complaint filed by the respondent No.1 against

the applicants and respondents No. 2 & 3 under Section 200 of Cr.P.C.

for the offences punishable under Section 420, 465, 467, 468, 471 and

120-B of IPC was set aside and the matter was remanded back to the

Court of JMFC, Mandsaur for adjudicating the same on merits.

Brief facts giving rise to this petition are that Respondent

No.1/complainant Ismail S/O Ibrahim filed an application before the

Court of Tehsildar Mandsaur for cancellation of an order of mutation,

passed in respect of land bearing survey No.154/2 (0.540 hectares)

situated in village Tigariya, Tehsil & District Mandsaur, stating

therein that Anwar prepared a forged Hibanama of his deceased

brother Ibrahim s/O Ibrahim for taking advantage of the same name of

the respondent No.1 and on the basis of the said Hibanama, he with

the help of Liyakat, Shakeel and Raees Mansoori got the above land

mutated in his name. On the basis of said complaint, Tehsildar vide

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order dated 17.8.2017 cancelled the aforesaid order of mutation passed

in favour of Anwar and directed the Police to take appropriate action

in the matter. In pursuance of which on the basis of the written

complaint made by respondent no. 1, an FIR bearing Crime

No.123/2007 was registered at P.S. Nai Abadi, Mandsaur against

Anwar, Liyakat, Shakeel, and Raees Mansoori. After completion of

the investigation charge sheet was filed before the Court of JMFC

against all the above four accused persons for the offences punishable

under Section 420, 467, 468, 120-B of IPC, and thereafter, the case

was committed to the Court of 2^nd Additional Sessions Judge,

Mandsaur.

3.

Respondent No.1 thereafter filed a criminal complaint u/S 200

of Cr.P.C. before the Court of JMFC, Mandsaur against the applicants

as well as respondents No.2 & 3 for impleading them as accused in the

aforesaid criminal case stating therein that applicants, as well as

respondents No. 2 & 3, were assisted accused persons in preparing

forged Hibbanama and getting the land mutated in accused Anwar's

name and were involved in the crime and police intentionally not

taking any action against them. Learned JMFC, vide order dated

11.7.2018 dismissed his complaint on the ground that cognizance of

offence cannot be taken twice. Being aggrieved by the said order

respondent No.1 preferred a criminal revision bearing No.87/2018

before the Court of 2^nd Additional Sessions Judge, Mandsaur, which

was allowed vide order dated 26.7.2021 and after setting aside the

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order passed by the Court of Judicial Magistrate First Class, the matter

was remanded back to the Court of JMFC, with a direction that

Magistrate should decide the criminal complaint on merits. Being

aggrieved by the same this petition under Section 482 of Cr.P.C.has

been filed.

4.

Learned counsel for the applicants submits that the Court of

JMFC, Mandsaur taking cognizance in the matter has committed the

case to the Court of Sessions Judge, then the Court of JMFC cannot

take cognizance again. Learned revisional Court without appreciating

the judgment passed by the Full Bench of Hon'ble Supreme Court in

the case of Dharmpal and others Vs. State of Haryana (2014) 3 SCC

306, has passed the impugned order, which is not sustainable.

Respondent No.1 ought to have filed the protest petition before the

Judicial Magistrate instead of filing a separate private complaint. He

further submits that at the present stage only remedy is to approach the

Sessions Court under Section 319 of Cr.P.C. Hence, the present

petition