O R D E R

Instant Criminal Revision Petition filed under Section

397 read with Section 401 of Cr.P.C, lays challenge to order dated 11.05.2018, passed by learned JMIC, Court No.2, Ghumarwin, District Bilaspur, H.P., in case No. 322/IV of 2017 (CNR No.452 of 2017) titled Shri Madan Lal vs. Shri Ajeet Kumar, whereby application filed under Section 156(3) of Cr.P.C, praying therein to lodge FIR against the respondent under Sections 218,420, 464, 466, 467 & 468 of IPC and for further investigation of the matter came to be dismissed.

2. Precisely, the facts as emerge from the record are that petitioner herein filed an application under Section 156(3) of Cr.P.C in the Court of Judicial Magistrate Ist Class, Court No.2, Ghumarwin, District Bilaspur, H.P. alleging/highlighting therein the illegalities committed by revenue staff while preparing tatimas and field books of the land acquired for the purpose of construction of four lane road from Kirtpur to Ner-Chowk, National Highway. Complainant alleged that land for the construction of four lane road from Kirtpur to Ner- Chowk was to be acquired and notification under Section 3-A of the NHAI Act was issued, thereby showing the intention of the Government to construct the above-mentioned road. Complainant alleged that as per provisions of the Act, while fixing the boundaries in the land of the people, it was the duty of and Acquisition Officer (SLAU) Bilaspur, Project Director, NHAI and the LAO especially approved for the purpose, to measure the land of all khasra numbers proposed to be acquired and to make tatimas and field books. Complainant further alleged that after completion of aforesaid work of making the tatimas and field books of the land acquired, papers were to be sent for the notification under Section 3- D of the Act to the Government of India, but officials of revenue department including respondent-accused ignoring aforesaid procedure and in stead of completing the work in the field, issued notification under Section 3-D of the Act. Complainant alleged that all the formalities, as stated hereinabove were completed by the officials while sitting in the office, that too, after issuance of notification under Section 3-D of the Act. In the aforesaid background, petitioner sought lodging of FIR against the respondent, who at that relevant time, was working as Tehsildar, Land Acquisition Office, Special Land Acquisition Unit, National Highway Authority of India, under Sections 218, 420, 464, 466, 467 & 468 of IPC.

3. Learned Court below taking cognizance of the averments contained in the aforesaid application, called for the report from the SHO of the police station concerned, who in his report submitted before the Court that the complainant prior to filing the complaint at hand, raised the same issue before High Court of Himachal Pradesh, wherein, Division Bench of this Court passed order that no authority will entertain the matter relating to acquisition of land for the construction of National Highway named hereinabove. SHO concerned along with status report also supplied a copy of order dated 08.11.2017, passed by Division Bench of this Court in CWPIL No. 212 of 2017, wherein in para-10, Court directed that henceforth no Court/Authority shall entertain any matter with regard thereto, however, reserved liberty to the owners to approach the Court, seeking modification of the order or other direction, if so, required and desired. Having taken note of the aforesaid report submitted by SHO concerned as well as order dated 08.11.2017, passed by Division Bench of this Court in CWPIL No. 212 of 2017, learned JMIC, Court No.2, Ghumarwin, District Bilaspur, H.P., rejected the application. In the aforesaid background, petitioner has approached this Court in the instant proceedings, seeking quashment of aforesaid order passed by learned JMIC, Court No.2, Ghumarwain, District Bilaspur, H.P.

4. After having heard learned counsel representing the parties and perused the material available on