NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 509 of 2017 Khamhandas Manikpuri S/o Shri Makhandas Manikpuri Aged About 55 Years Patwari, Dhamdha Tahsil, District Durg, R/o Aditya Nagar, Durg, District Durg, Chhattisgarh., Chhattisgarh ---- Petitioner Versus

1. Biselal S/o Late Chaitram Aged About 60 Years R/o Surjadih, Police Station Kumhari, Tahsil And District Durg, Chhattisgarh., Chhattisgarh

2. State of Chhattisgarh Through Police Station Pulgaon, Outpost Jewrasirsa , District Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Respondents CRMP No. 645 of 2017 Mahesh Bhardwaj S/o Rajulal Aged About 40 Years R/o Basin, Outpost Jewrasirsa, Police Station Pulgaon, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Petitioner Versus

1. Biselal S/o Late Chaitram, Aged About 60 Years R/o Sukrjadih, Police Station Kumhari, Tahsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh

2. Rajaram Deshlahre, R/o Basin, Police Chowk, Jewra Sirsa, P. S.

Pulgaon, Tahsil And Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

3. Udayram Kotwar, R/o Basin, Police Chowk, Jewra Sirsa, P. S.

Pulgaon, Tahsil And Distt Durg Chhattisgarh, Chhattisgarh

4. Khamhandas Manikpur, Halka Patwari, Basin, Presently Office At - 100 Unit Chatai Sheet, Nandni Nagar, District Durg Chhattisgarh, District : Durg, Chhattisgarh

5. Chanmano Devi, W/o Rajdev Choudhary, R/o Camp-1, Sundar Nagar, Bhilai, Tahsil And District Durg Chhattisgarh, District :

Durg, Chhattisgarh

6. Shanti Bai D/o Thaggu Ram R/o Basin, Outpost Jewarasirsa, Police Station Pulgaon, Tahisl And District Durg Chhattisgarh, District : Durg, Chhattisgarh

7. State of Chhattisgarh Through Police Station Pulgaon, Outpost Jewarasirsa, District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondents (Cause title taken from Case Information System)

For Petitioners : Mr. H. B. Agrawal, Senior Advocate assisted by Ms. A. Sandhya Rao, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer For Respondent No.1 : Mr. Jitendra Gupta, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice

Order on Board

06/02/2024

1. Heard Mr. H. B. Agrawal, learned Senior Advocate assisted by Ms. for the petitioner and Ms. Madhunisha Singh, learned Deputy Advocate General, appearing for the respondent/State.

2. Since both the petitions arise out of same crime number and same impugned orders, they are being clubbed and heard together and are being disposed of by this common order.

3. Both the petitions have been preferred by the petitioner under Section 482 of the CrPC being aggrieved by the order dated 24.03.2017 passed by the Court of Additional Sessions Judge, Durg, District Durg in Criminal Revision No. 0000286/2016, arising out of order dated 24.11.2016 passed in Case No.

unregistered by Judicial Magistrate First Class, Durg, whereby the Magistrate has closed the case by directing Police Station, Jewrasirsa to enquire the matter against Shanti Bai, Rajaram Deshlahre, Udayram Kotwar, Mahesh Bhardwaj and Khamhandas Manikpuri, which was affirmed by Additional Sessions Judge, Durg in revision. Hence, this petition.

4. Brief facts of the case are that a complaint application was filed by the respondent No. 1/Biselal before the learned JMFC, Durg stating therein that, the agricultural land in the name of his maternal grand father namely late Budhram is situated at Village Basin, Patwari Halka No. 11, Police Chowki Jevra Sirsa, Tehsil and District Durg bearing Khasra No. 469, 830 area 0.34 and 0.20 Hectare and he is only legal heir of his maternal grand father late Budhram, but concealing the said fact, the accused persons have sold the said agricultural land to another accused person. After considering the aforesaid complainant the learned JMFC, Durg had issued notices to the concerned Non-applicants as mentioned in the complaint under Section 156(3) of CrPC directing the Police Station Jevra Sirsa, District Durg to enquire into the matter against the Non-applicants mentioned in the said