1 2025:CGHC:5015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2464 of 2018 Surendra Dubey S/o Gend Ram Dubey Aged About 53 Years R/o Naya Khursipar, Ward No. 36 Shikhshak Colony Khursipar, Police Station Khursipar, Bhilai, Tahsil And District Durg Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Station House OfÏcer, Police Station Khursipar, Bhilai District Durg Chhatttisgarh. 2 - Manhohar Jethani S/o Late Dr. Variyal Das Jethani R/o Basstaal, Amardeep Talkies Road, Police Station Gol Bazar Raipur Chhattisgarh. 3 - Juglal Patel S/o Late Sukulu Marar R/o Nutan Chowk, Bhilai Tahsil Patan, District Durg Chhattisgarh. 4 - Rupesh Verma Designation Thesildar, Court of Naib Thesildar, Bhilai 3, Tahsil Patan, District Durg Chhattisgarh. Present Adress Parivarti Vibhag, Collectorate Premise, Raipur Chhattisgarh. 5 - In-Charge Police Station, Police Station New Khursipar, Bhilai, District Durg Chhattisgarh. 6 - Superintendent of Police OfÏce of The Superintendent of Police First Floor, District Magistrate Building Durg, District Durg Chhattisgarh. ---- Respondents For Petitioner : Dr. N.K. Shukla, Senior Advocate, assisted by Ms. Priya Sharma, Advocate. For Respondent No.1,5 & 6/State : Ms. Monika Thakur, Panel Lawyer. For Respondents No.2 to 4 : Mr. Y.C. Sharma, Senior Advocate, assisted by Mr. Sachin Nidhi, Advocate and Ajay Chandra, Advocate, as well as Mr. Sunil Verma, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 2 28.01.2025 1. Heard Dr. N.K. Shukla, learned Senior Advocate assisted by Ms. Priya Sharma, learned counsel appearing for the petitioner. Also heard Ms. Monika Thakur, learned Panel Lawyer for respondent Nos. 1, 5 & 6/State. Mr. Y.C. Sharma, learned Senior Advocate assisted by Mr. Sachin Nidhi, Advocate and Ajay Chandra, Advocate, as well as Mr. Sunil Verma, Learned counsel appearing for the private respondents. 2. The petitioner has filed the instant petition under Section 482 of CrPC for being aggrieved by the complaint filed by the respondent No.2 against the petitioner and other private respondents No.2 to 6, whereby the learned Judicial magistrate First Class, Durg, has registered the complaint case bearing case No. 6398/2017 against the petitioner and others. 3. The prosecution story, in short, is that the petitioner is resident of Bhilai and the complaint case was filed against the petitioner and other respondents, by the respondent No. 2/complainant before the JMFC and which was registered in 22.07.2017 by the JMFC as criminal complaint case No. 6398/17 which is still pending in the trial Court for the offence alleged punishable under Sections 120-B, 166, 188, 420, 467 and 468 of the IPC. By going through the complaint the allegation against the petitioner was that the present petitioner and respondent No. 3 had by unlawful means and through misrepresenting the facts had obtained forged 3 documents of the land belonging to Khasra No. 89/1 Rakba 1.87 acre which was actually belonging to respondent No. 2, purporting it to be of Khasra No. 89/5 and thereby selling it and making construction of a building and earning the income from the same. The respondent No.4 (Rupesh Verma) who was posted as a Tehsildar in the Court of Naib Tehsildar, Bhilai had misused his position of the post which is against the Section 124 and 129 of Chhattisgarh Land Revenue Code, 1959. It was alleged against the respondent No. 5, that he had failed to perform his duty as given under Police Act, 2007 under Section 23(1) Clause (a)(b)(f) (g). One Anand Ram Meghwani and the father of present Complainant (Respondent No.2) had purchased a land in Village - Moja, Bhilai 3, Patwari Halka No. 1 Tehsil Patan, Dist. Durg, Police Station Khursipara, having Khasra No. 89/1 Rakba 1.87 Acre on 08.10.1957 and from got the possession of that land. On the west side of the said land there was a land having Khasra No. 89/3 which was transferred to father (Sukalu Marar) of respondent No.3 (Jugalal Patel) which was further renumbered to new Khasra No. 89/5, which was situated in the middle of Raipur Durg G.E. Road at Ward No. 36, New Khursipara, Bhilai. Against the total area of 1.87 acre belonging to Khasra No. 89/1, 3,000 Sq. Ft. each was sold to one Tulsi Das, Gulab Das, Chandra Prakash, Sunder Das S/o Shri Devan Das Vardani, on 04.07.1976 by registered sale deed and further 3,000 Sq. Ft. was sold to one Hemant Das S/o Mela Ram Sindhi, on 01.02.1980 and further 4 area of around 0.02 Hectare was transferred to P.W.D. by registered deed dated 30.07.1980. At present out of area of 1.87 acre only area around 62,000 to 65,000 Sq. Ft. is left. After the death of the father of the respondent No. 2 on 19.12.1990 and his partner one Anand Ram Meghwani in the year 2003 the said land i.e. Khasra no. 89/1 was being transferred by unlawful means in the year 2007 by the present petitioner and the respondent No. 3 by using the forged documents. The respondent No.2 (Complainant) had requested before the respondent No.4 (Tehsildar) to demarcate the land and for the evacuation of petitioner and respondent No.3 from the said land. It was submitted before the respondent No. 4 by the complainant that petitioner and respondent No. 3 have by fraudulent means and by unlawful activities and by making the Documents of Khasra No.89/5 the basis had trespassed in the land of the respondent No.2. the respondent No.2 (Complainant) had filed a Writ Petition before this Court which was registered as WPC No 293/2013 in which this Court has by order dated 05.03.2013 has directed the respondent No.2 to file the suitable application as per Section 129 of the Chhattisgarh Land Revenue Code 1959. The respondent No. 2 filed a complaint against the petitioner and respondent No.3 to 6 on the ground that he is the owner of the land bearing kharsa No. 89/1 area 1.87 acres by virtue of succession from his father Variyal Das Jethani and Variyal Das Jethani purchased this land through a registered sale deed dated 08.10.1957 whereas in the 5 present petition the petitioner the has nothing to do with Khasra No. 89/1 of District Bhilai. 4. Khasra No. 89/5 Chandrao S/o Ramgopal resident of Raipur was owner of Khasra No. 82/3, 83/2, 89/3 total area of 2.47 acre and this land was purchased by him through a registered sale deed dated 02.04.1959 and 15.04.1959 and came into possession by registered sale deed dated 01.03.1960 and he sold the land to Sukalu Marar S/o Furithur Marar the respondent No. 3 is son of Sukalu Marar after death of the Sukalu Marar he became the owner of the land of his father which he purchased from the Chandrakanta Rao. The petitioner entered into an agreement with Juglal Patel and came into possession of that which is 0.45 acre of land and started construction of the house and thereafter the respondent No. 1 filled an application before Nayab Tehsildar on 06.09.2010 to the fact that the petitioner encroached part of his land Khasra No. 89/1 claiming that the land as part of his land based on forged sale deed on the basis of the complaint the Tehsildar registered a case No. 422/NT/2008-09 dated 05.07.2010 and directed the petitioner to stop the construction it is further submitted that the petitioner has filed a writ petition before this Court as WPC No.293 of 2013 which was decided on 05.03.2013 in which it was directed by this Court that respondent should file an application for demarcation under section 129 of Land Revenue Code. The petitioner submitted a reply before the Nayab Tehsildar. The Revenue Inspector of Bhilai also submitted 6 a report dated 08.03.2010 this report itself exonerate the petitioner as an encroacher of the land belonging to the respondent. Apart from the petitioner and Jugilal Patel he also made three Public Servant as an accused namely Shri Rupesh Verma, Nayab Tehseldar, Station House Officer Police Station Khursipur and Superintendence of Police, Durg before the Judicial Magistrate First Class Durg. It appears that since sanction of the provision under Section 197 of Cr.P.C was not obtained by the complainant Manhohar Jethani the learned Magistrate registered a complaint against the petitioner and the respondent No. 3 and summons them by directly issuing a non bailable warrant without exploring the possibility of serving the accused persons by summons and bailable warrant, without serving the summons and bailable warrant the JMFC issued summons then Bailable warrant and then Non Bailable warrant. The real dispute between the petitioner and the respondent No. 1 is of demarcation of the land and of the boundary dispute this Court in the Writ Petition has already directed to file an application for demarcation of land and there is no element of criminality dispute that a criminal charges of offences under Section 120-B, 166, 188, 419, 420, 467, and 468 of IPC, which is nothing but the abuse of the process of law. Hence, this petition. 5. Learned counsel appearing for the petitioners submits that the dispute between the parties are basically civil in nature which involves the dispute of the demarcation of the land the appropriate 7 remedy of which would be to file the civil suit for the deceleration of the title before the Civil Court. It is further submitted that this Court vide order dated 05.03.2013 has directed the respondent No.2 to file the suitable application as per Section 129 of the Chhattisgarh Land Revenue Code, 1959. It is further submitted that the real dispute between the petitioner and the respondent No. 1 is of demarcation of the land and of the boundary dispute this Court in the Writ Petition has already directed to file an application for demarcation of land and there is no element of criminality dispute that a criminal charges of offences under Sections 120-B, 166, 188, 419, 420, 467, and 468 of the IPC, which is nothing but the abuse of the process of law. 6. Learned counsel appearing for the respondent No.1/State opposes the submissions advanced by the learned counsel for the petitioner and supports the impugned complaint filed by the respondent No.2 against the petitioner and other private respondents No.2 to 6, whereby the learned Judicial magistrate First Class, Durg, has registered the complaint case bearing case No. 6398/2017, and he further submits that there is no illegality and infirmity in the same, therefore, the instant petition is devoid of merits and is liable to be dismissed. 7. Mr. Y.C. Sharma, Learned Senior Advocate appearing for the private respondents submitted that there was no any interim order passed in the present case, charges have been framed and the 8 statements of the private respondent including the complainant of the case are recorded, and the trial is still in progress in the present matter, and the instant petition is devoid of merits, hence, the same is liable to be dismissed. 8. I have heard learned counsel for the parties and perused the materials available on record. 9. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the judgments/orders of the trial Court as well as the revisional Court, it transpires that the learned counsel for the petitioner tried to apposed the matter on the merits but Mr. Y.C. Sharma, Learned Senior Advocate appearing for the private respondents submitted that there was no any interim order passed in the present case, charges have been framed and the statements of the private respondent including the complainant of the case are recorded, and the trial is still in progress in the present matter, moreover, no good ground has been raised by the counsel for the petitioner in the present case showing the importance of the present petition to set aside the complaint filed by the respondent No.2 which was registered on 22.07.2017 by the learned JMFC, Durg as criminal complaint case No. 6398/17 which is still pending before the learned JMFC, Durg for the offence alleged punishable under Sections 120-B, 166, 188, 420, 467 and 468 of the IPC. 10. Accordingly, the instant petitioner under Section 482 Cr.P.C. is 9 devoid of merits, liable to be and is hereby dismissed. 11. A copy of this order be sent to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar