IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Cr. N1. P. No.-S0^ /2011 Samuel Nand, s/o Renghanand, Aged abput 48 years, Village - Narainpur, P.S. Basna, Tehsil - Pithora, District - Mahasamund (CG) Versus Petitioner 1. Habil Nand, s/o^Renghanand, Aged about^S years, R/o Rajendra Nagar, Raipur, District - Raipur (CG) 2. State of Chhattisgarh Through PS - Kotwali, District - Durg (CG) •te....&&^.U g &i»l* ^tA» )»»<.....&^,e.sl-^. ^ rtt»»f*< Respondents ,-/" CRIMINAL M1SCELLANEOUS PETITION UNDER SECTION 48^ OF THE CODE OF CRIMINAL PROCEDURE. 1973 ^^•^. HIGH COURT OF CHHATTISGARM : BILASPUR Sinale Bench: Hon'ble Shri ManindraMohan ShrJyastavaLJ, Petitioner Respondents Cr.M.P.NO.304/2011 Samuel Nand Versus Habil Nand and another Petition underSection 482 oftheCode ofCriminal Procedure Present: - Shri Kshitiz Sharma, counsel for the petitioner. Shri Ashish Gupta, Panel Lawyer for the State/respondent No.2 on advance copy. ORDER(ORAL1 (Passedon 18-07-2011) This petition has been filed by the petitioner aggrieved by order dated 05-03-2011 passed by the 1 Additional Sessions Judge, Mahasamund in Criminal Revision No.17 of 2009, affirming order dated 31-07-2008 passed by the Sub Divisional Magistrate, Pithora in proceedings under Section 145 ofthe Cr.P.C. 2. Learned counsel for the petitioner argued that the Sub Divisional Magistrate has.declared possession of respondent No.1 in respect of a part of the land under dispute, even though, the name of the petitioner has been entered in the revenue records of possession. Next submission of learned counsel for the petitioner is tliat tihe Sub Divisional Magistrate did not make proper enquiry and swayed by the fact that the petitioner's claim for conferral of Bhoomiswami rights were not accepted in aforesaid proceedings, possession of respondent No.1, without there being any admissible evidence on record, has been declared. 3. I have gone through the order passed by the Sub Divisional Magistrate. In order to come to the conclusion, in respect of the part of the land in dispute, respondent No.1 is in possession, the Magistrate has taken into consideration Tumane the oral evidence led by the respondent No.1 and other witnesses namely Sadhu Barik and Shiv Charan, who have stated that the respondent No.1 was in possession of partof the land and he had sow the crop and reaped it also. The order further shows that the Magistrate has also taken into consideration various entries made in the revenue records. On the basis of the oral evidence which has come on record, the Magistrate has recorded a finding of fact with regard to possession of the petitioner as well as the respondent No.1 and has come to the conclusion that part of the land in dispute is occupied by the petitioner and remaining part thereof, respondent No.1 is in possession. Further, 1 find that the finding of fact, which have been recorded by the learned Magistrate, are not perverse, but based on some evidence available on record. Submission of learned counsel for the petitioner that the Magistrateought to have rejected the oral testimony and preferred to rely upon the revenue records of possession, does not appeal to this Court, firstly for the reason that the revenue records, on which, the petitioner is placing reliance are in respect of year 2007-2008, whereas proceedings under Section 145 of the Cr.P.C. were initiated by passing preliminary order on 24-10-2007 by the Magistrate and secondly that the question of actual possession could be decided by the Magistrate by taking into consideration oral evidence as well as revenue records. If relying upon the oral evidence, the Magistrate has concluded that the respondent No.1 is in possession in respect of the part of the land, to my mind, the Magistrate neither has misdirected himself nor has committed any perversity. I do not find any ground to interfere with the impugned order in exercise of power under Section 482 ofthe Cr.P.C. The order and proceedings do not appear to be abused the process of law. 4. In the result, the petition is dismissed. ^^-- - S^^vas^. ^^^^