M. Rajan vs Umesh L. and C.G. Krishnadas Nair

N. Ananda, J.—The petitioner had lodged first information against respondents 1 & 2 alleging offences punishable under sections 3(1)(v), 3(1)(vi) & 3(1)(vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also for an offence punishable u/s 506 IPC. After investigation, final ''B'' report was filed, stating that dispute between parties is of civil nature. The petitioner was notified of final ''B'' report, to which he had filed objections. The learned Special Judge recorded sworn statement and accepted final ''B'' report and rejected protest petition. Aggrieved by the same, petitioner (complainant) is before this court.

I have heard Sri G. Balakrishna Shastry, learned counsel for petitioner, Sri G. Narasi Reddy, learned counsel for I-respondent and Sri M.A. Kiran Kumar, learned counsel for II-respondent and I have gone through records.

The investigation records and sworn statement of petitioner would reveal;- in the year 1973, after completing Diploma in Engineering, petitioner joined HAL during the year January 1974 and continued his service till 1993. At the relevant time, II-respondent was the Chief Manager of HAL Foundry and Forge Division, Central Lab at Bangalore. Later, II-respondent became Chairman of HAL at Bangalore. The petitioner and II-respondent had jointly purchased certain extent of agricultural land under registered sale deed dated 17.12.1986. Thereafter, there was dispute between them regarding division of land purchased by them under registered sale deed dated 17.12.1986. The dispute regarding division of land was settled and certain sites were given to petitioner and certain sites were retained by II-respondent. Thereafter, petitioner and II-respondent entered into a tripartite joint development agreement with I-respondent, who is a property developer (builder). After flats were constructed, there was dispute between parties regarding allotment of flats as per tripartite joint development agreement entered into between petitioner and respondents I & II.

The parties are before civil court. On overall consideration of facts and circumstances of the case and documents relied upon by petitioner, I am of the considered opinion that civil disputes have arisen between parties after joint acquisition of certain extent of agricultural land under registered sale deed dated 17.12.1986 by petitioner and II-respondent and also in relation to tripartite joint development agreement entered into between petitioner and respondents I & II. In the circumstances, it is hardly possible to accept the contention of petitioner that respondents I & II have committed acts attracting offences punishable under sections 3(1)(v), 3(1)(vi) & 3(1)(vii) of the Act and also for an offence punishable u/s 506 IPC. The Investigating Officer after investigation has submitted final ''B'' report stating that dispute is of civil nature. The learned Special Judge on consideration of sworn statement and documents relied upon by petitioner has held that dispute is of civil nature and rejected objections final ''B'' report. There are no reasons to interfere with the impugned order. The revision petition is dismissed.