1 2025:CGHC:9207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 611 of 2023 Lalchand Sahu S/o Late Shri Abhayram Sahu Aged About 48 Years R/o 689, Abhay Sadan, Maharana Pratap Nagar, Hanoda Raod, Ward No. 52, Borsi, Tahsil And District Durg Chhattisgarh ... Petitioner versus 1 - Kaushik Kumar Sahu S/o Late Shri Jhaduram Sahu Aged About 55 Years R/o Bajrang Chowk, Ward No. 52, Borsi, Tahsil And District Durg Chhattisgarh 2 - Khileshwari Sahu W/o Chanakya Kumar Sahu Aged About 41 Years R/o Streat No. 05, Block 19 / B, Sector - 4, Bhilai, Tahsil And District Durg Chhattisgarh 3 - Chanakya Kumar Sahu S/o Shatruhan Lal Sahu Aged About 46 Years R/o VASANT KUMAR Digitally signed by VASANT KUMAR 2 Streat No. 05, Block No. 19 / B, Sector - 4, Bhilai, Tahsil And District Durg Chhattisgarh 4 - Poonaram Sahu S/o Late Shivacharan Lal Sahu Aged About 58 Years R/o Aabadipara, Potiyakala, Ward No. 54, Tahsil And District Durg Chhattisgarh 5 - State Of Chhattisgarh Through The Distrcit Magistrate / Collector Durg District Durg Chhattisgarh ... Respondents For Petitioner : Mr. Vipin Tiwari, Advocate For Respondents No.1 to 4 : Mr. Vinod Kumar Sharma, Advocate For State/Respondent No.5 : Mr. G.L. Uike, PL Hon’ble Shri Justice Arvind Kumar Verma Order on Board 21/02/2025 1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner, challenging the order dated 09.12.2022 (Annexure P-1) passed by the learned Additional Sessions Judge, Durg (C.G.) in Criminal Revision No.194/2022, whereby the learned Revisional Court has dismissed the revision of the petitioner and affirmed the order dated 18.07.2022 (Annexure P-2) passed by the Judicial Magistrate First Class, Durg 3 (C.G.), whereby the application filed under Section 156(3) of CrPC by the petitioner has been dismissed. Hence, this petition. 2. The case of the prosecution in brief is that the mother of the complainant/petitioner Smt. Susheela Bai Sahu has filed a civil suit for partition before the learned First Civil Judge First Class of the Second Additional Civil Judge First Class, Durg Distt. Durg (CG). On 01.04.2002, against the respondent no. 1 and others and the same has been partly allowed and the learned Court below has passed the order dated 18.11.2019 and declared that the petitioner's mother is entitle to get 1/13 of share of suit property and also some land which was sold to someone else were declared null and void. 2.1- The mother of the petitioner has filed an appeal before the learned appellate Court for claiming her share of 1/12 in place 1/13 and also for share in ancestral house and also respondent no. 1 has filed an appeal against the order dated 18.11.2019 passed by the learned Court below before the learned appellate Court on 17.12.2019 and both appeals are still under consideration and the next date of hearing of the case is fixed on 06.04.2023 before the learned appellate Court. It is alleged that the petitioner's mother Smt. Susheela Bai Sahu is a old lady and she has furnished a power of attorney on 04.12.2018 in favour of the petitioner to file suit, appeal, revision, complaint or any other legal proceeding before the ancestral competent Court with respect to her ancestral property to obtain her share in her property. Respondent no. 1 has furnished a gift deed on 11.08.2021 in favour of the respondent 4 no. 2 of suit property Khasra no. 275/4 in which the appeal is under consideration and the case has not been finally heard, the respondent no. 1 has mentioned in this gift deed that there is no case is pending and the respondent no. 1 is the only owner of the property. However, the petitioner /complainant's mother is 1/13 part share holder of the land and also the appeal before the learned appellate Court is under consideration, this fact has been suppressed by the respondent no. 1 and furnished the gift deed and the respondents no. 3 and 4 are the witness of the gift deed. 2.2- The petitioner has made a complaint against the respondent no. 1 to 4 before the police station Durg Kotwali Distt. Durg on 26.08.2021, but the police has registered the case on 20.10.2021 under Section 155 of Cr.P.C and directed him to approach before the learned Court. The complainant has made a complaint before the Superintendent of Police Durg (CG) on 11.10.2021 about the non-action of the police station Kotwali Durg Distt. Durg (CG) and requested him to register FIR against the respondents no. 1 to 4. The petitioner has filed a complaint case under Sections 471, 206, 200 of Cr.P.C. before the learned Chief Judicial Magistrate, Durg Distt. Durg (CG) against the respondent no. 1 to 4 for alleged offences under Sections 420, 418, 423, 463, 464, 199 of IPC and latter on the case was transferred to learned Judicial Magistrate First Class, Durg (CG) for adjudication. 2.3- The Judicial Magistrate First Class, Durg (CG) has wrongly considered that the order dated 18.11.2019 passed by the 2nd 5 Additional Civil Judge of First Civil Judge Class First, Durg Distt Durg (CG) has been quashed by the appellate Court on 17.12.2019; whereas the respondent no. 1 has filed the appeal on 17.12.2019 and the same is still under consideration, and only sole ground the complaint case has been rejected without registration of the case. The petitioner has filed a revision before the Additional Sessions Judge, Durg (CG) on 26.09.2022 against the order dated 18.07.2022 passed by the learned Judicial Magistrate First Class, Durg (CG). The learned Revisional Court has passed the impugned order dated 09.12.2022 and rejected the revision of the petitioner. Hence, this petition. 3. Learned counsel for the petitioner contended that the order of the learned revisional Court as well as the learned Court below is perverse illegal and arbitrary and need to be set aside. He further contended that respondent no. 1 has furnished a registered Gift-deed in favour of the respondent no. 2 of the suit land in which Court below has declared that the petitioner's mother is 1/13 part of share holder of the land and the respondent no. 1 has filed appeal before the Appellate Court, which is still under consideration, thus the respondents no. 1 to 4 have committed the offences mentioned in complaint case by the petitioner, this fact has not been considered by the Court below. Respondent no. 1 has falsely mentioned in the gift deed that no case of the suit property is pending before any court and it is clear property, and he suppressed the fact that the appeal was pending, which has not been considered by the trial Court as well as Revisional Court. The 6 respondents no. 3 and 4 are the witness of a illegal and fake gift-deed furnished by the respondent no. 1 and they are very well aware that the case is still under consideration before the appellate Court, this fact has not been considered by the Court below. It is therefore prayed that this Court may kindly be please to quash the order dated 09.12.2022 (Annexure P-1) and order dated 18.07.2022 (Annexure P-2) and Court may kindly be please to allow the complaint of the petitioner filed before the learned Judicial Magistrate First Class, Durg (CG) and may kindly be please to direct to the police to register the FIR against the respondents, in the interest of justice. 4. Learned counsel for the respondents contended that the whole dispute is of civil nature and unnecessary the petitioner is trying to convert the same in criminal dispute which is not sustainable and both the Courts have rightly dismissed the complaint and the appeal, as per rules. 5. I have heard learned counsel for the respective parties and perused the orders impugned and other material available on record with utmost circumspection. 6. On perusal of the record, I have found that there is a dispute between the paries regarding ancestral property and firstly Smt. Susheela Bai has filed a Civil Suit No.RCA/14/2019 against the respondents and other persons. However, the learned trial Court in Annexure P-2 made an observation that there is no civil suit is pending with regard to the disputed land. It is stated by the counsel for the petitioner that 7 respondents no. 3 and 4 are the witness of a illegal and fake gift-deed furnished by the respondent no. 1 and they are very well aware that the case is still under consideration before the appellate Court, which has not been disposed of. Therefore, it is crystal clear from the record that the whole dispute between the parties is of civil nature which is pending before the trial Court and rights of the parties will be decided by the concerned Civil Court. Therefore, the order passed by the revisional Court as well as JMFC, Durg (C.G.) neither illegal nor perverse and there is no jurisdictional error committed by the Courts below. 7. In view of the above, the instant CrMP is liable to be and is hereby dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant