ORDER :

1. Being aggrieved by the order dated 6.12.2021 passed in Criminal Revision No.81/2021 by the learned Sessions Judge, Raigarh quashing the order passed by the Sub Divisional Magistrate under Sections 145 and 146 of the CrPC dated 28th October, 2021 in Misc. Criminal Case No.29/2021, the present petition has been preferred.

2. Facts of the case are that the petitioner and respondent No.1 are real brothers. Father of petitioner and respondent No.1 namely, late Damodar Patel was in possession of ancestral property bearing Khasra No.76, total area 8.759 hectares situated at village Jampali, PH No.2, Tehsil and District Raigarh. Father of the petitioner had executed a registered sale deed in favour of respondent No.1 for about 10 acres of land and also executed registered sale deed in favour of his grandson. So, the petitioner had filed a civil suit for declaration and permanent injunction and also to declare the aforesaid sale deed dated 23rd March, 2002 to be not binding upon the petitioner before the Civil Judge, Class-2, Raigarh. On 16th July, 2002, the suit has been partly allowed and the sale deed executed by late father of the petitioner namely, Damodar Patel was held to be