RAGHUNATH SINGH Vs. PRAGOBAI

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 is preferred by the petitioner against an order dated 6 th September 2011 passed in Criminal Revision Case No. 272/2011 by the Third Additional Sessions Judge (Fast Track), Dabra district Gwalior (M.P.) setting aside thereby the order dated 23 rd April 2011 in Criminal Case No. 1x1x145 Cr.P.C. passed by the Sub Divisional Magistrate Dabra, restraining the respondent No.1 from interfering into peaceful possession of the petitioner Raghunath Singh over the disputed agricultural land situated in village Litapur tahsil Dabra and also permitting him to reap the wheat crops standing on the disputed agricultural field.

(2.) Briefly stated, the relevant facts of the case are that the petitioner Raghunath Singh filed a complaint under Section 145 of Cr.P.C. to the effect that the respondent No.1-Smt. Pragobai intended to create obstructions in cutting the wheat crops standing on his land bearing Survey Nos. 826,831,844,845,852,853, 854, and 855, total area 23 bigha and 8 biswa, situated in village Rajiyawar and therefore with a view to restrain her from raising interference, he prayed for appropriate directions against the respondent No.1. The learned Magistrate after taking cognizance on the complaint, issued preliminary notices to both parties for their presence and submit the reply alongwith evidence on 21 st April 2011.

(3.) Being aggrieved by the said order dated 23 rd April 2011, the respondent No.1-Pragobai submitted a revision petition under Section 397/401 of Cr.P.C. before the Revisional Court contending that she had purchased the disputed land from Sirnam Singh and others through registered sale-deeds and the petitioner Raghunath Singh had no title over the land in dispute. It was pleaded by her that when the order was passed said civil suit was pending and under such a circumstance the learned Magistrate ought to have followed the procedure contemplated in Sub-section 4 to Section 145 of Cr.P.C. Considering the grounds raised by the petitioner before the learned revisional court and after hearing the parties, the order was set aside by the revisional court. Hence, the present revision has been filed by the petitioner challenging the order passed by the revisional court.