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2018 Supreme(Online)(Chh) 661

IN THE HIGH COURT OF CHHATTISGARH
Sanjay K. Agrawal, J
Joyal Bechak v. Subhash Sawal and Another


Advocates:
For the Appellants/Petitioners: Dr. N.K. Shukla
For the Respondents: Mr. V.V.S. Murthy, Mr. Saurabh Dangi

1. Invoking jurisdiction of this Court under S.482 of the CrPC, the petitioner herein calls in question the order dated 12-4-2017 passed by the Sessions Judge, Bastar at Jagdalpur in Criminal Revision No.5/2017 by which the learned Sessions Judge has declined to set aside the order dated 10-2-2017 passed by the Sub-Divisional Magistrate, Jagdalpur, directing restoration of possession to respondent No.1 in exercise of power conferred under S.145 of the CrPC.

2. The aforesaid challenge has been made on the following factual backdrop:

[For the sake of convenience, the petitioner herein will be referred as party No.2 and respondent No.1 herein will be referred as party No.1 as they were referred before the Sub-Divisional Magistrate.]

2.1. The petitioner and respondent No.1 belong to Christian community. The dispute relates to the properties owned by Methodist Church in India, Jagdalpur, District Bastar, including Church, girls home, boys hostel, Kushal Niwas, Aaradhana Bhawan and other properties. On account of certain dispute with regard to issue of actual / de facto possession over the said Church, the matter was reported to the jurisdictional police, which on apprehending threat to pub

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