- (1.)The petitioners have filed this petition under Section 482 of the Cr.P.C. against the order dated 02.03.2021 (Annexure P/1) passed by Judicial Magistrate First Class, Bilaspur, District-Bilaspur (C.G.) in Criminal Complaint Case No. unregistered/2020 whereby the application filed by respondent No. 2-Meenakshi Banjari under Section 156 (3) of the Cr.P.C. has been allowed directing Police Station- Civil Lines, Bilaspur to register FIR against the petitioners and to submit final report.
(2.)The brief facts as projected by the petitioners, are that there is a dispute with respect to the property bearing Khasra No. 635/3 and 638/59 area admeasuring 0.25 and 0.95 total 1.20 acres situated at Juna Bilaspur, District- Bilaspur going on between the petitioners and respondent No. 2. Even the civil suit was also filed and in that said civil suit, the counter claim filed by the petitioners was decreed vide judgment and decree dated 25.02.2012 and the Civil Court has recorded categorical finding that will executed by Satyabhama dated 31.01.2001 is a valid document and the petitioners have proved the genuineness of the said will.
(3.)Learned counsel for the petitioners would submit that in pursuance of the will dated 31.01.2001 executed in favour of the petitioners, names of the petitioners were recorded on 02.01.2003. On 07.03.2009, application filed by the complainant under Section 32 of the Land Revenue Code before Tahsildar, Bilaspur was allowed and the order of mutation passed in favour of the petitioners has been set aside. On 06.08.2009, one Sangh Mitra and three others filed Civil Suit bearing No. 3A/2011 challenging the will executed by Sangh Mitra, the complainant- Meenakshi Banjari was defendant No. 1 and petitioners were impleaded as defendants No. 3 and 4. The petitioners also filed the counter claim, claiming the title over the property in question on the basis of will. On 10.03.2010, Sub Divisional Officer allowed the appeal preferred by the petitioners under Section 44 of the Land Revenue Code and set aside the order of Tahsildar. On 25.02.2012, Civil Suit No. 3A/2011 was dismissed the suit and decreed the counter claim of defendant No. 3 and 4 holding the will dated 31.01.2001 as genuine document, since then, the petitioners are in possession of the property. On 26.02.2013, the second appeal preferred by the complainant under Section 44 (2) of the Land Revenue Code was allowed and the order passed by the Sub-Divisional Officer was set aside by the Commissioner. On 29.03.2017, the revision preferred by the petitioners against order of Commissioner has been allowed and the order of Commissioner has been set aside. On 20.03.2018, Writ Petition (C) No. 963/2018 filed by the complainant is pending before this Court for consideration.