RAGHURAJ SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This application under Sec. 482 of CrPC has been filed against the order dtd. 31/3/2022 passed by First Additional Sessions Judge, Gohad, District Bhind thereby rejecting the revision filed against the order dtd. 22/3/2022 passed by Sub-Divisional Officer (Revenue), Gohad, District Bhind, by which the interim application filed by the respondents No. 2 and 3 under Sec. 146(1) of CrPC has been allowed and the standing crop has been attached.

(2.) The necessary facts for disposal of the present application in short are that the police filed an Istagasa No.2/2021 under Ss. 145 and 146 of CrPC alleging that there is a possibility of breach of peace on account of dispute between the applicants and the respondents, in respect of Survey Nos.985, 1035, 1068, 1074, 422, 982, 1124, 1126, 690, 751, 1168, 1054, 1059, 944, 939, 940, 954, 631, 945, 946, 1025, 1026, 1028, 1029, 1094, 1052 situated in Moja Lodhe Ki Pali and Khasra No.1056, 1167, 944, 1103, 950, 1175, 1177, 1132/3 also situated in Banke Moja Lodhe Ki Pali. It was alleged that all the parties, i.e., the applicant and the respondents are the joint holder and are in joint possession and they are cultivating the land. Crops of mustard and wheat are standing. The applicants No. 1 to 4 etc. are trying to harvest the crop by show of muscles, therefore, there is a possibility of breach of peace.

(3.) Istagasa was filed on 15/3/2022 and on the very same day the SDM, Gohad District Bhind rejected the application filed under Sec. 146 of CrPC and the report of Patwari was called. On 16/3/2022 Presiding Officer was on leave and the case was fixed for 17/3/2022 and on 17/3/2022 the report of RI was received and the case was fixed for 21/3/2022 and on 21/3/2022 the case was adjourned because of condolence. On 22/3/2022 the respondents No. 2 and 3 appeared before the SDM, Gohad, District Bhind and made a prayer for attachment of the crop. In response, counsel for the applicants took objection on the Patwari report and also requested for summoning a fresh report. However, counsel for the respondents No. 2 and 3 expressed that there is a possibility of breach of peace and the dispute is concerning the entire land and partition has not taken place and, accordingly, it was directed that the standing crop be attached and be handed over in the supurdagi of Kotwar Lodhe Ki Pali.