IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

MISC. CRIMINAL CASE No. 14851 of 2023

RAVINDRA SINGH SARDAR AND OTHERS

Versus

LAKHVINDAR @LAKKHA AND OTHERS

Appearance:

Shri Chandra Prratapp Singh Kushwah - Advocate for the petitioners.

Shri A P S Tomar - Public Prosecutor for the respondent No.4/State.

Shri Aditya Sharma - Advocate for the respondents No.2 and 3.

Heard on : 16.12.2025

Pronounced on : 05.01.2026

ORDER present petitioners as well as respondents No. 1 to 3, alleging the existence of a dispute regarding a wall situated near the Mahuar River, over which both parties were claiming their respective rights. Upon receipt of the complaint, the learned Sub-Divisional Officer (SDO) issued notices to both parties, pursuant to which detailed replies were filed. The learned SDO also called for a report from the concerned Tehsildar and, upon due consideration of the material available on record, passed an order dated 27.03.2019 holding that neither party had produced any documentary evidence to establish ownership or possession of the disputed wall. The learned SDO further observed that a civil suit in respect of the same subject matter was already pending before the competent civil court. In view of the aforesaid findings, the learned SDO directed the Tehsildar to register a case under Section 248 of the Madhya Pradesh Land Revenue Code against both parties and to proceed in accordance with law. Aggrieved by the said order dated 27.03.2019, the respondents preferred a criminal revision before the learned Additional Sessions Judge, Gwalior. The learned Additional Sessions Judge, Gwalior, by the impugned order dated 31.01.2023, allowed the revision and remanded the matter to the learned SDO for fresh consideration. Being aggrieved by the order dated 31.01.2023, the present petition has been filed.

This petition under Section 482 of Cr.P.C. has been filed by the

petitioners assailing the order dated 31.01.2023 passed by learned Additional Sessions Judge, Special Court Electricity Act No.4, Gwalior (M.P.) in Criminal Revision No.194/19 whereby criminal revision preferred by respondents No.1 to 3 against the order dated 27.03.2019 passed by Sub- Divisional Magistrate, Ghatigaon was allowed setting aside the said order and the matter was remanded back to the Sub-Divisional Magistrate, Ghatigaon with the direction to pass a fresh order in accordance with law after providing both parties with a reasonable opportunity of hearing

under the provisions of Section 145 of Cr.P.C.

2. In brief, the facts of the case are that Police Station Mohna lodged a

complaint under Section 145 of the Code of Criminal Procedure against the

3. Learned counsel for the petitioners submits that the learned Sub-

Divisional Officer (SDO), while passing the order dated 27.03.2019, recorded a clear and categorical finding that a dispute exists with regard to the boundary wall in question. Upon due consideration of the report submitted by the Tehsildar, Ghatigaon, it was conclusively found that the disputed boundary wall is situated on Survey No. 1014, admeasuring 1.003 hectare, which, as per the revenue records, is recorded as Government land.

4. It is further submitted that learned SDO arrived at the aforesaid finding after carefully examining the report furnished by the Tehsildar, Ghatigaon, who had conducted an enquiry based on a spot inspection carried out by the Patwari Halka. The Patwari Halka, in his inspection report, specifically noted that the construction was found to be in a dilapidated condition and the disputed land forms part of Survey No. 1014, recorded as Government land. It was further observed in the Patwari Naksha Sheet that the railway line exists, leaving no ambiguity regarding the location of the disputed land. After considering the reports of both the Patwari Halka and the Tehsildar, the learned SDO rightly directed the Tehsildar, Ghatigaon, to initiate proceedings under Section 248 of the M.P. Land Revenue Co