SHRADHA MALLEWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition is directed against the impugned order dated 14-8- 2012 passed by the 2nd Additional Sessions Judge, Raipur in Criminal Revision No.132/2008 whereby the learned Additional Sessions Judge has affirmed the order dated 10-3-2008 passed by the Sub Divisional Magistrate, City, Raipur in Case No.784/2003, under Section 145 of the CrPC.

(2.) The aforesaid petition has been filed on the following factual backdrop: -

(3.) In the police report filed by the Station House Officer, Police Station Civil Lines, Raipur, on 9-4-2003 it has been stated that there is a dispute between the petitioners herein party No.1 and Smt. Anita Mallewar and Umesh Mallewar party No.2 with respect to one room of the house situated at Patwari Halka No.113, Khasra No.5/2, Plot No.5/3, S.R.P. Chowk, Shankar Nagar, Raipur, upon which a preliminary order was passed on 14-6-2004 by the learned Sub-Divisional Magistrate and thereafter, final order was passed on 10-3-2008 by the learned SDM holding that party No.2 respondents No.2 and 3 herein are in possession of the suit house and the petitioners have been restrained from interfering with the said possession and removal of possession was also directed which the petitioners challenged by way of revision before the revisional Court that was dismissed against which a petition under Section 482 of the CrPC has been filed before this Court and this Court by order dated 30-3-2012 set aside the order and remitted back the matter to the revisional Court for hearing and disposal in accordance with law. This time, by the impugned order the revisional Court has passed order again affirming the order of the Sub-Divisional Magistrate, City, Raipur.