IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 11 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 17743 of 2018 PARMAL SINGH AND OTHERS Versus SUNEEL KUMAR AND OTHERS Appearance:

Shri Deepak Shrivastav - Advocate for the petitioners.

Shri A P S Tomar - Public Prosecutor for the respondent No.2/State.

ORDER This petition under Section 482 of Cr.P.C. has been filed by the petitioner assailing the order dated 19.04.2018 passed by learned First Additional Sessions Judge, Ashoknagar in Cr.R. No. 50/2015 whereby the order dated 29.09.2015 passed by learned SDM in Case No. 2/2013/133 was upheld.

In brief, the facts of the case are that the respondent No.1, Sunil, filed an application under Section 133 of the Code of Criminal Procedure (Cr.P.C.) concerning land situated at Survey No. 742, measuring 0.021 hectares, in Village Mahidpur, Tehsil Isagarh. The land in question is government-owned and serves as a public common pathway used by the respondent and other villagers. The pathway had been constructed with Kharanja C.C. (cement concrete) by the Gram Panchayat Mahidpur, extending over a length of more than 40 feet. The petitioners, without an