IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 11 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 11519 of 2018 BADRI PRASAD Versus DEVENDRA SINGH Appearance:

Shri Utkarsh Sharma on behalf of Shri Sanjay Kumar Mishra-

Advocate for the petitioner.

Shri Abhijeet Singh Tomar - Advocate for respondent.

ORDER The instant petition has been preferred under Section 482 of the Cr.P.C. against the order dated 24.11.2017 passed by Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities act) Vidisha in Criminal Revision No.11/2017.

The brief facts of the case are that the father of petitioner, his brother-

Laxman Singh and Prakash Chand namely Bihari Singh @ Biharilal S/o Late Shri Kishor Singh caste Kurmi was the owner and possession holder of the some of the lands including Survey no.24 Rakwa 0.512 Hectare, Survey no.176 Rakwa 20.800 Hectare and Survey no.187 Rakwa 1.714 Hectare, and there was decree of possession passed by the civil court in favour of them against Daleep Singh.

The father of petitioner, his brother Laxman Singh and Prakash Chand Bihari Singh @ Biharilal died on 18.12.1979 and thereafter their names have been brought on record at the place of him, and the learned civil court has passed the decree of possession in their favour. Then, they filed the execution proceeding for taking the possession of the said lands before Fourth Civil Judge Class-II Vidisha which was registered as Execution No.193-A/74 X 09 and the proceeding pending before learned executing court has been dropped due to execution the decree in full satisfaction because the respondent has delivered the possession of said land to petitioner and his brothers- Laxman Singh and Prakash Chand on 25.03.2011 and since then petitioner and his brothers are cultivating the said land.

In the month of April 2015, respondent/accused committed theft of

500 bags of wheat crops in absence of petitioner and his brothers as they reside in Village Padriya Tehsil Gairatganj, District Raisenwhich. The aforesaid wheat is worth of about Rs.7,50,000/- and crops were standing in village Dholkhedi District Vidisha. Thereafter, as soon as the information about thieves of the crops came into the knowledge of them, petitioner informed to the concerning police station, but police authority has not done anything except to give the assurance. Therefore, petitioner was compelled to file the present complaint against accused for theft of crops (Annexure P/2).

The learned trial court recorded the statements of the petitioner and his witnesses and took the cognizance in the matter against respondent on 01.07.2016 and case was registered as private complaint no.877/2016. Thereafter, respondent filed the revision against the said order dated 01.07.2016 before Session Judge Vidisha and that was registered as Criminal Revision no. 11/17. After hearing the matter the learned Special Judge vide order dated 24.11.2017 set-aside the order passed by learned trial court dated 01.07.2016 holding that there is material contradiction in the statements given by the witnesses before learned trial court because complainant in the complaint filed by him stated that in the month of April 2015, respondent harvested the crops standing on the field but he gave the written complaint to the concerning police station on 04.04.2015, in which he mentioned that on the last night respondent harvested the crops and the witnesses stated before learned trial court that at the time of 9 o'clock in morning, respondent harvested the crops which are not reliable more so the crops mentioned in the Khasra of year 2014-15 is Soyabeen while complainant/petitioner has mentioned the crops of Wheat in the complaint, therefore, the cognizance taken by learned trial court vide order dated 01.07.2016 is illegal and set- aside vide impugned order. Being aggrieved by the aforesaid, this petition has been filed.

Learned counsel for the petitioner submitted that the impugned passed by