1 2026:CGHC:1259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1381 of 2023 State Of Chhattisgarh Through The Police Station Karpawand, District Bastar, Chhattisgarh ... Petitioner versus 1 - Sonadhar S/o Bondaku Aged About 45 Years 2 - Dayasingh S/o Jogi Aged About 52 Years 3 - Ransai S/o Jogi Aged About 48 Years 4 - Sadan S/o Subal Aged About 29 Years 5 - Balak Sai S/o Sonadhar Aged About 40 Years 6 - Chaitman S/o Natho Aged About 48 Years 7 - Kanhairam S/o Natho Aged About 55 Years 8 - Sobharam S/o Sonsing Aged About 40 Years 9 - Chandar S/o Saradhu Aged About 40 Years 10 - Ogar S/o Sudru Aged About 48 Years 11 - Manbodh S/o Sondhara Aged About 45 Years 12 - Surajo S/o Baldev Aged About 37 Years 13 - Khirjay S/o Punnu Aged About 35 Years 14 - Loknath S/o Damru Aged About 26 Years 15 - Phulchand S/o Pratap Aged About 32 Years 16 - Puran S/o Kamlu Aged About 35 Years 17 - Sukhchand S/o Raghunath Aged About 50 Years 18 - Smt. Bari W/o Aasman Aged About 40 Years 19 - Smt. Radhi W/o Jayram Aged About 45 Years 20 - Smt. Dayamani W/o Kanhairam Aged About 45 Years 21 - Smt. Danmati W/o Lakhidhar Aged About 45 Years 22 - Smt. Sevti W/o Kripal Aged About 30 Years NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2026.01.09 10:49:38 +0530 2 23 - Smt. Kanakdei W/o Kurso Aged About 45 Years 24 - Sukhdei W/o Surjo Aged About 35 Years 25 - Smt. Kamli W/o Nakul Ram Aged About 40 Years 26 - Smt. Gonchi W/o Rainu Aged About 45 Years All are R/o Barphaguda, Police Station- Karpawand, District- Bastar, Chhattisgarh ... Respondent(s) For Petitioner : Shri Soumya Rai, Dy. Govt. Advocate. SB: Hon'ble Shri Justic e Sanjay S. Agrawal Order on Board 08/01/2026 1. The petitioner/State has filed this petition under Section 378(3) of Code of Criminal Procedure, 1973 seeking leave to prefer an appeal against the judgment dated 29/10/2022 passed by the Judicial Magistrate First Class, Bastar Place at Jagdalpur, District Bastar (C.G.) in Criminal Case No.1592/2017, whereby the respondents have been acquitted with regard to the offence punishable under Sections 447, 427 and 149 of IPC. 2. From perusal of the record, it appears that the respondents have been charge-sheeted with regard to the offence punishable under Sections 447, 427 and 149 of IPC on the allegation that they entered into the land bearing Khasra No.763/1, admeasuring 1.32 hectare situated at village Barphaguda, owned by the complainant-Deepak Mishra, who has cultivated the crops over it, but on the date of incident i.e. 10/10/2017, the respondents grazed their cattles on the crop of the complainant, which caused loss to him to the tune of Rs.50,000/- and based upon the alleged allegation, the respondents have been charge- sheeted as such. 3. It, however, appears from perusal of the record that the land bearing Khasra No.763/1, admeasuring 1.32 hectare was, in fact, the 3 government land as revealed from the Khasra Panchshala and the map, marked as Ex.D/1 and D/2, and, even Ritesh Kashyap (PW-7), the Patwari of the concerned village has admitted the said fact in his cross-examination that the land bearing Khasra No.763/1, admeasuring 1.32 hectare was a government land. That apart, it reveals from a bare perusal of the order dated 30/03/2017 (Ex.D/3) passed by the Sub Divisional Officer (Revenue), placed on record during trial by the respondents in their defence, that the complainant was directed to remove his encroachment from the alleged land. In view thereof, it cannot be said that the land in question bearing Khasra No. 763/1, admeasuring 1.32 hectare was owned by the complainant, as alleged by him. 4. Besides, it appears from the statement of the complainant-Deepak Mishra (PW-1) that he came to know that crops sown by him, was grazed by the cattles of the respondents from the labourers, who were working in the adjoining field, but none of them have been examined to establish the alleged fact. 5. In view of such circumstances, and, in absence of any cogent and reliable evidence led by the prosecution, I am not inclined to allow this application seeking leave to prefer an appeal against the impugned judgment passed by Judicial Magistrate First Class, Bastar, Place at Jagdalpur, District Bastar (C.G.) in Criminal Case No. 1592/2017. 6. The petition is, accordingly, dismissed. Sd/- (Sanjay S. Agrawal) JUDGE Kamde