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NEUTRAL CITATION NO. 2026:MPHC-GWL:3638

1 MCRC-2758-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 29 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 2758 of 2026

RAJVEER AND OTHERS

Versus

SUMER SINGH

Appearance:

Shri Trishant Mishra - Advocate for the petitioners.

ORDER

The present petition has been filed under Section 482 of Cr.P.C.

assailing the order dated 06.11.25 passed by the Court of the Fifth Additional

Sessions Judge, Bhind in Criminal Revision No. 02/2025, whereby the order

dated 16.12.24 passed by the Court of the Sub-Divisional Officer, Ater,

District Bhind in Case No. 01/21X133 Cr.P.C., has been affirmed.

Brief facts of the case are that the disputed land bearing survey No.

1672, is a government-owned pathway used by local villagers for access to

fields and surrounding areas. The petitioners allege that the respondent

illegally ploughed and cultivated the land, blocking the path and causing

inconvenience to the villagers. A similar issue arose in 2017, which was

resolved by the Tehsildar and Patwari by removing the respondents’

encroachment and reopening the path. In 2024, the respondent allegedly

blocked the path again and sowed crops, violating the prior orders. The

petitioners filed applications under Sections 133 and 138 of Cr.P.C., which

Signature Not Verified

Signed by: NEETU

SHASHANK

Signing time: 1/30/2026

11:37:31 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3638

2 MCRC-2758-2026

were disposed of by the Sub-Divisional Magistrate on 16.12.2024. The

petitioners challenged this order via Revision No. 02/2025 before the Fifth

Additional Sessions Judge, Bhind, which was dismissed on 06.11.2025.

Aggrieved, they filed the present petition under Section 482 of Cr.P.C.

Learned counsel for the petitioners contended that both the trial Court

and Revision Court committed errors of law in passing the impugned

orders. It is argued that the Courts failed to consider the revenue records,

khatauni, and maps of Survey No.1672 before deciding the matter and it also

did not direct proper demarcation of the land or verification of the actual

extent of encroachment and the width of the public path. It is further

contended that oral evidence of petitioners was ignored and respondent’s

claim was wrongly preferred. It is also pointed out that wrong provisions

were invoked in the original proceedings, causing legal errors, as proper

recourse in such matters would be to invoke provisions of Section 248 of

MPLRC, thus, it was prayed that the impugned order be set aside.

Heard the counsel for the petitioner and perused the record.

Though it appears that incorrect provisions had been invoked in the

original proceedings by the authorities below and had been affirmed, the

facts remains that justice has substantially been done: the prior orders had

ensured that the public path remains open and illegal encroachment is

prevented on the land. The petitioners’ grievances regarding procedural or

minor technical lapses do not make out a case for interference under Section

482 Cr.P.C. The factual disputes regarding cultivation and encroachment can

be addressed in proper revenue or civil proceedings; this Court cannot sit as

Signature Not Verified

Signed by: NEETU

SHASHANK

Signing time: 1/30/2026

11:37:31 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3638

3 MCRC-2758-2026

a court of first instance in said matter.

In view of the above, the present petition is dismissed.

It is made clear that the observations in this order shall not affect any

legal remedies available to the parties in accordance with law.

(MILIND RAMESH PHADKE)

JUDGE

neetu

Signature Not Verified

Signed by: NEETU

SHASHANK

Signing time: 1/30/2026

11:37:31 AM