MCRC-11974-2009 (LALMAN KEWAT Vs THE STATE OF MADHYA PRADESH) 11-08-2015 Shri Ashish Trivedi, counsel for the applicant. Shri G.S. Thakur, Panel Lawyer for the State/ respondent No. 1. Shri Manoj Rajak, counsel for the respondent No.2. Heard the learned counsel for the parties. The applicant has challenged the registration of Criminal Case No. 1386/09, registered by the J.M.F.C., Kotma, for offence under Section 420/ 34 of IPC. The facts of the case, in short, are that the respondent No. 2 had lodged a criminal complaint against the applicant and others that according to the scheme of land acquisition, land of the applicant was acquired but no employment was given by the proposed accused persons and, therefore, cheating was done. The proposed accused persons gave jobs to such persons who did not have land more than 2 acres, which is against the policy decided by the concerned colliery. Hence a complaint of cheating was filed. The Magisterial Court, after considering the evidence under Sections 200 and 202 of Cr.P.C. registered a complaint of offence under Section 420 of I.P.C. It would be apparent that against such appointments writ petitions were filed and those were disposed off. Thereafter, writ appeal and SLPs were filed and SLPs are pending before the Supreme Court. It appears that the matter of appointment in lieu of acquisition of land appears to be a matter of civil nature and the complainant has moved the petition for prosecuting his constitutional right. Under such circumstances, for a civil matter no complaint under Section 420 of IPC can be registered. It cannot be said that any cheating was done by the proposed accused persons. The accused persons gave jobs to some of the persons whose land was acquired and, therefore, it cannot be said that cheating was done by the applicant against the respondent No. 2. Hence it is a fit case in which the inherent powers of this Court may be invoked. Consequently, the present petition under Section 482 of the Cr.P.C. filed by the applicant Lalman Kewat is hereby allowed. Registration of criminal case No. 1386/09 by J.M.F.C., Kotma, is hereby set aside. Also, the complaint filed against the applicant before the Court below is quashed. Copy of the order be sent to the concerned Court to drop the proceedings. (N.K. GUPTA) JUDGE