S. Abdul Nazeer JUDGMENT
N.V. Ramana, J.
1. Leave granted.
2. In this criminal appeal the judgment dated 08.07.2014, passed by the High Court of Madhya Pradesh, bench at Gwalior in Criminal Revision No. 104/2013 is impugned.
3. Appellant herein filed a complaint before the jurisdictional police station Under Sections 420, 467, 468, 471, 120B, 506 of Indian Penal Code, 1860 [hereinafter referred as 'IPC' for brevity] and Under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the allegations that one Smt. Vidhyabai and Ors. sold the disputed land to Respondent No. 1 and got the Appellant's property mutated by committing fraud and forgery. It was further alleged that the Respondents had threatened the Appellant with dire consequence and swore at them with filthy language intended to belittle his caste/tribe. It may be noted that the concerned police station did not take any action on the aforesaid complaint.
4. Aggrieved by the inaction of the police, the Appellant approached the Jurisdictional Magistrate, Gwalior, with the same set of facts Under Section 200 of Code of Criminal Procedure.
5. The Judicial Magistrate, 1st Class, Gwalior, by Order dated 21.04.2012, dismissed the aforesaid criminal complaint on the footing that there was no sufficient proof on record provided by the Appellant/complainant to prove that he belongs to Scheduled Caste or Scheduled Tribe and the dispute between the parties had trappings of civil nature.
6. Aggrieved by the aforesaid dismissal of criminal complaint, Appellant approached Addl. District and Sessions Judge [hereinafter referred as 'Sessions Court' for brevity] in Criminal Revision No. 242/2012. The Sessions Court, by the order dated 07.12.2012, held that the complainant belonged to Jatav community which is a Scheduled Caste. Further the Sessions Court observed that the facts narrated portray that the Respondent No. 1 in conspiracy with others had transferred the land belonging to the Appellant in an illegal manner. Thereafter, concluded that the lower court did not appreciate the facts as well as the law in a proper manner and remanded the case in the following manner:
This revision is allowed and order dated 21.04.2012 passed by Court is set aside and case is remanded back with a direction that if necessary after a further enquiry keeping in view the findings given in this order, proper order be passed with regard to registration of complaint and to summon the Respondents and for that directed the parties to remain present before the Court below on 20.12.2012.
7. On remand of the case, Judicial Magistrate, vide order dated 23.01.2013, while taking cognizance of the aforesaid offences Under Section