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2019 Supreme(Chh) 887

RAJANI DUBEY
REKHALAL – Appellant
Versus
DHARMENDRA KUMAR – Respondent


Advocates Appeared:
Manoj Paranjape, Adv., Awadh Tripathi, Adv., Anant Bajpai, Adv., P. L., Adv.

JUDGMENT

Rajani Dubey, J. - Challenge in this revision petition is to the order dated 16.03.2018 passed in Criminal Revision No.12/2017 by Sessions Judge, Bemetara, District Bemetara, arising out of order passed by SDM, Bemetara, in Miscellaneous Criminal Case No.270/2003 passed on 31.03.2017.

2. Brief facts of the case are that on 26.07.2003, Ishtgasha No.02/2003 was filed under Section 145 of Cr.P.C. by the Police Station, Dadhi, District Bemetara, before Sub Divisional Magistrate on the ground that there is disputed between applicants Rekhalal and others & one Dharmendra Kumar with regard to possession of the land total Kh.No.8, total rakba 7.54 hectare situated at villge Sendari and there was likelihood of fight which may cause disturbance in peace and order in society. On 26.07.2003, the learned Sub Divisional Magistrate passed preliminary order granting opportunity of hearing to the parties, and after hearing both the parties, final order was passed on 02.11.2012. Against this order, Dharmendra Kumarrespondent No.1 herein, filed Revision Petition No.60/2012 before the learned Sessions Judge and the learned Sessions Judge, vide order dated 06.09.2014, allowed the revision and r

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