SUDHANSHU SHARMA Vs. DEVRAT SHARMA

JUDGEMENT

(1.) This application under section 482 of CrPC has been filed against the order dated 30.3.2016 passed by Additional Sessions Judge (Special Judge) Shivpuri in Criminal Revision No.94/2014 by which the order dated 23.6.2014 passed by SDM, Shivpuri in Case No. 12/12/145 CrPC has been affirmed.

(2.) The necessary facts for the disposal of this present application in short are that on 28.3.2013, the SHO, P.S. Kotwali, District Shivpuri filed a complaint under section 145 of CrPC showing the applicant as party No.1 and the respondent as party No.2 on the ground that there is a dispute between the parties in respect of land bearing Survey Nos.54,55,56 and 57 as well as the house situated on the said land and, therefore, there is a possibility of breach of peace. Notices were issued and both the parties filed their reply. The applicant claimed that the land in dispute is in his possession and he is the owner of the same whereas the respondent submitted that he was in possession of the property in dispute and in his absence, by breaking open lock of the house, the applicant and others have illegally taken possession of the property on 20.3.2012. After recording the evidence, the SDM by order dated 23.6.2014 directed that the applicant has forcibly and illegally taken possession of the land as well as of the house situated on the said land within a period of twomonths and the TI Police Station, Shivpuri was directed that the possession of the property be delivered to the respondent and the applicant was directed not to interfere with the peaceful possession of the property in dispute.

(3.) Being aggrieved by the order of the SDM, Shivpuri, the applicant filed a criminal revision which too has suffered dismissal by order dated 30.3.2016. Hence, the present application under section 482 of CrPC has been filed.