SURESH KUMAR Vs. KAMRUNISHA

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 11/4/2014 passed by the Additional Sessions Judge, Dhamtari, in Criminal Revision No. 17/2013 whereby the court below has dismissed the revision preferred by the petitioners affirming the order passed by the Sub Divisional Magistrate, Dhamtari (SDM) in a proceedings under Sec. 145 Cr.P.C. in Misc. Criminal Case No. 391/2011.

(2.) Facts in brief necessary for disposal of this petition is that, on 4/7/2011, the petitioners preferred a petition under Sec. 145 Cr.P.C. before the SDM, Dhamtari, which was registered as Misc. Criminal Case No.391/2011. In the said application it was contended by the petitioners that the property in dispute specified in the said petition is owned and possessed by both the petitioners and their mother jointly which they had purchased on 21/6/1993 from one Gopimal Panjwani. It was further contended by the petitioners that the respondents have illegally entered upon the land belonging to them and are also trying to raise construction over the said land and when the petitioners tried to intervene, some quarrel took place between them and the respondents were also using abusive language.

(3.) The petitioners lodged a written complaint to the police authorities, who, on investigation found that the disputed land was sold to the respondents by one Prakash Joshi, who happens to be the brother of the petitioners.