T.P. Sharma, J.

1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code, 1973'), the Petitioner has challenged legality and propriety of the order dated 20-1-2011 passed by the Sessions Judge, Sessions Division, Jashpur in Criminal Revision No. 13/2004, affirming the order dated 26-8-2004 passed by the Sub Divisional Magistrate, Bagicha in Criminal MJC No. 7/2004, whereby learned Sub Divisional Magistrate has declared the possession of Respondent No. 1 under Section 145 of the Code, 1973.

2. Brief facts necessary for disposal of this petition are that the Petitioner has purchased 0.06 acre of land of Khasra No. 106/1 situate at Village Bagicha from one Mahadev Sai - member of ST by agreement dated 26-8-89, out of the area 0.42 acres, thereafter on 19-10-2001 Mahadev Sai sold 0.06 acres of land of Khasra No. 106/1 to Respondent No. 1. On the basis of aforesaid sale deed, Respondent No. 1 tried to dispossess the Petitioner and tried to cause breach of peace. On the aforesaid ground, petition under Section 145 of the Code, 1973 was filed before the Court of Sub Divisional Magistrate, Bagicha, on behalf of the Petitioner.

3. By filing reply,