- (1.) This criminal revision is directed against the judgement and order dated 22.6.2011 passed by Addl. Sessions Judge, Kanshiram Nagar in Criminal Revision No. 99 of 2010 (Shyamveer Singh Vs Suresh Pal Singh and others) whereby the order dated 13.12.2010 passed by the Sub Divisional Magistrate, Sahawar, Kanshiram Nagar in Case No. 4 of 2010 was set aside.
(2.) Brief facts leading to the filing of the present criminal revision are that the opposite party no. 2 on 16.5.2009 moved an application under Section 145 Cr.P.C. claiming therein that the land in dispute situated in village Narai, Pargana Sirpura, Tehsil Sahawar, District Kanshiram Nagar is his ancestral property and he is in possession over said land after the death of previous owner Abhilakh Singh son of Ganga Singh. It was further alleged that the revisionist wants to grab the said land from the opposite party no. 2 causing apprehension of breach of peace. Opposite party no. 2 prayed for initiating proceeding under Section 145 Cr.P.C. and also for attachment of disputed land.
(3.) The Sub Divisional Magistrate, called for a report from the concerned police station. The Sub Divisional Magistrate on submission of the police report on 21.6.2009 passed preliminary order under Section 145 (1) Cr.P.C. requiring the contesting parties to submit written statements and evidence regarding possession over the land in dispute. The Sub Divisional Magistrate concluded that the revisionists were in possession over the disputed land thereafter in exercise of power under Section 145(6) Cr.P.C. declared the land in dispute to be in possession of the revisionist no. 1 vide order dated 13.12.2010 and directed that he shall not be dispossessed except in accordance with law. Opposite party no. 2 preferred a Criminal Revision No. 99 of 2010 in the Court of Addl. Sessions Judge, Kanshiram Nagar against the said judgement, which was allowed vide impugned judgement and order dated 22.6.2011. Hence this criminal revision.;