2023 Supreme(Online)(MP) 24138
HIGH COURT OF MADHYA PRADESH
Anant Singh – Appellant
Versus
Popsingh – Respondent
MCRC 59431/2022
Sarvesh Kumar Sharma,Advocate General
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL th ON THE 17 OF JULY, 2023 MISC. CRIMINAL CASE No. 59431 of 2022 BETWEEN:-
ANANT SINGH S/O LATE DEEWAN SINGH RAGHUVANSHI, AGED ABOUT 55 YEARS, GRAM SALAI GAMAKHAR GANJ BASODA DISTRICT VIDISHA HAL MUKAM PARASARI PUL KE PASS BAJAJ PAINTS WALA MAKAN BASODA (MADHYA PRADESH)
.....APPLICANT (BY SHRI SARVESH KUMAR SHARMA, LEARNED COUNSEL FOR APPLICANT)
AND
1. POPSINGH S/O GHASIRAM RAGHUWANSHI, AGED ABOUT 63 YEARS, GRAM SALOI TEH BASODA (MADHYA PRADESH)
2. VINOD SINGH S/O AJAB SINGH RAGHUVANSHI, AGED ABOUT 55 YEARS, GRAM SALOI TEH BASODA (MADHYA PRADESH)
3. JITENDRA SINGH S/O AJAB SINGH RAGHUVANSHI, AGED ABOUT 45 YEARS, GRAM SALOI TEH BASODA (MADHYA PRADESH)
4. PRAVEEN S/O AJAB SINGH RAGHUVANSHI, AGED ABOUT 40 YEARS, GRAM SALOI TEH BASODA (MADHYA PRADESH)
5. PAVAN S/O AJAB SINGH RAGHUVANSHI, AGED ABOUT 34 YEARS, GRAM SALOI TEH BASODA (MADHYA PRADESH)
6. DHARMENDRA S/O AJAB SINGH RAGHUVANSHI, AGED ABOUT 30 YEARS, GRAM SALOI TEH BASODA (MADHYA PRADESH)
7. GEETABAI W/O AJAB SINGH RAGHUVANSHI, AGED ABOUT 65 YEARS, GRAM SALOI TEH Signature Not Verified Signed by: YOGENDRA BASODA (MADHYA PRADESH)
8. GANGABAI (MINOR) D/O AJAB SINGH RAGHUVANSHI GRAM SALOI TEH BASODA (MADHYA PRADESH)
9. DEVENDRA SINGH (MINOR) S/O AJAB SINGH RAGHUVANSHI GRAM SALOI TEH BASODA (MADHYA PRADESH)
10. STATE OF M.P THROUGH POLICE THANA GULABGANJ VIDISHA (MADHYA PRADESH)
11. THROUGH JILAADHKSHA VIDISHA (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI ARUN DUDAWAT, LEARNED COUNSEL FOR RESPONDENT [R-
4])
This application coming on for hearing this day, the court passed the following:
ORDER
Petitioner has filed this petition under Section 482 of CrPC being aggrieved by the judgment dated 20.09.2022 passed in Cr.R. No. 7/2021 by 3rd Additional Sessions Judge Ganj Basoda District Vidisha by which the criminal revision was allowed but there was no direction regarding disposal of agricultural produce.
In brief facts of the case are that Police Station Gulabganj instituted a case under Section 145 of CrPC on the report of respondent. Thereafter SDM under Section 146 CrPC attached the Masoor crop and handed over to Kotwar of village. Against the order dated 20.02.2021, petitioner preferred a revision which was allowed vide impugned judgment.
On going through Para 20 of the impugned judgment, it is evident that learned court below came to the conclusion that in regard to tittle and possession of land on which the said crop is standing, a civil case is already Signature Not Verified Signed by: YOGENDRA pending. Hence, no order in regard to hand over the crop to the petitioner can be passed.
Having gone through the impugned order, this Court is of the opinion that no illegality has been committed by learned court below in passing of the impugned judgment. Accordingly, present criminal revision stands dismissed.
(DEEPAK KUMAR AGARWAL)
JUDGE ojha Signature Not Verified Signed by: YOGENDRA