- (1.)THIS revision petition is directed against the order dated 15. 10. 2008 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Case no. 177/2008 whereby learned Magistrate after affording opportunity of hearing to the parties rejected the application filed by the petitioners for their discharge of the offences punishable under Sections 147,448 and 506 of the Indian Penal Code.
(2.)THE order is challenged on the ground that after lodging the FIR complainant Arun singh Thakur filed Civil Suit No. 18a/2005 before the Civil Judge Class-II, Bilaspur against four persons who are not the petitioners before this Court for permanent injunction in which the Civil Court recorded a finding that the complainant has not been dispossessed illegally. Finding of the Civil court is binding upon the Criminal Court but the Criminal Court has not considered the said finding of the Civil Court and thus committed an illegality.
(3.)HEARD counsel for the parties and perused the order impugned, material available on record and the judgment and decree passed by the Civil Judge, Bilaspur.
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