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2022 Supreme(MP) 1404

RAJEEV KUMAR SHRIVASTAVA
Mamta Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Gaurav Mishra, for the Appellant; Shri KS Tomar, Shri Praveen Newaskar, for the Respondent.

ORDER

Rajeev Kumar Shrivastava, J. - By invoking the inherent power of this Court, the instant petition has been preferred by petitioner- Mamta Gupta u/S. 482 CrPC seeking relief for quashment of FIR vide Crime No.779/2018 registered at Police Station Kotwali, District Vidisha for offence under Section 447 IPC as well as charge sheet & other subsequent criminal proceedings pending before the Court of CJM, Vidisha (MP) in ST No.143 of 2019

2. Facts giving rise to present petition in short are that on 18/11/2018, respondent No.2 complainant Hari Babu Agrawal filed a written complaint before the Superintendent of Police, Vidisha stating therein that he is the owner of survey no.4/2, area 0.062 hectare situated at Sheopur Mujapta which comes within the Municipal limits and petitioner has encroached upon the said land by erecting a boundary wall. On that complaint, a preliminary enquiry was conducted and a report was called for from Tahsildar as well as from Nagar Palika Vidisha. As per the report, it was found that petitioner could not produce any documents to prove her possession over disputed land. Thereafter, an FIR was lodged against her vide Crime No.779/2018 for offence under Sect

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