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NARENDRA KUMAR VYAS
Ghanshyam Tiwari S/o Late Khulu Ram – Appellant
Versus
Dwarikadhish Sahu S/o Late Shri Shivnath Sahu – Respondent
ORDER :
Narendra Kumar Vyas, J.
1.This revision has been preferred against the order dated 27.09.2023 passed by learned third Additional Sessions Judge, Bilaspur in Criminal Revision No. 17 of 2023 arising out of the order dated 10.12.2022 passed by the Judicial Magistrate First Class, Bilaspur by which the Chief Judicial Magistrate has rejected the application filed by Respondents under Section 156(3) of the Cr.P.C. and vide impugned Revisional order dated 27.09.2023, the Additional Sessions Judge has remanded the matter to the Chief Judicial Magistrate, Bilaspur for fresh adjudication giving direction to treat the application under Section 156(3) CrPC as complaint and proceed as per chapter XV of the CrPC.
2.Facts of the case, in brief are that, elder brother of the respondent No.1 namely Krishnachand died issue less, therefore, lands bearing khasra Nos, 307/1 area 0.04 acres, 308/1 area 0.02 acres, 297/2 area 2.40 acres, 386/4 area 0.51 acres, 386/6 area 0.51 acres, 309/2 area 0.01 acres, 310/1 area 0.02 acres, 383/3 and 384/3 area 4.11 acres, 340/1 area 0.06 acres and khasra No. 38/1 & 38/2 area 0.83 total 8.51 acres are situated at village Bijore, Patwari halka No. 20 Revenue Cir
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