@ HIGH COURT OF CHI-EATTISGARE-I AT BIEASwK CR.M.P. No. 368 OF 2009 PETETION UNDER SECTION 482 GF THE CODE OF CRIMINAL PROCEDUE, 1973. (SE :Hon’ble Mr. T.P.Sharma, J.) Present:— Shri Vineet Kumar Pandey, Advocate for the petitioner. Shri Sushil Dubey, G.A. for the State/respondent NO. 2. ORAL— ORDER (Passed on 22/ 7/ 2009) l. This is a petition under Section 482 of the Code for quashment of the order dated 11/6/ 2009 paSsed by Additiooal Sessions Judge, Janjgir, District Janjgir—Champa in criminal revision N0. 26/ 09 whereby learned Additional Sessions Judge has set aside the order of the attachment passed by the Sub Divisional Magistrate on the ground that house is ancestral house and there is no likelihood of breach of peace. 2. Order is challenged on the ground that present petitioner is in possession therefore likelihood of breach of peace, On due consideration the Sub Divisional Magistrate has passed the order of attachment but revisional Court illegally set aside the order and thereby committed serious prejudice to the petitioner. CD . During course of argument learned counsel for the petitioner further submits that civil suit is already pending but no order relating to ?ETETIONER Kailash Agrawai, Son of Devi Sahaya, (Applicant) aged about 50 years, R/o Baradwar, Tahsil Sakti, District Janjgir‘Champar ‘C.G‘. ‘ I VERSUS RESPNDENTS 1. Lakhau Agrawal Son of Chandulal (Non —Ayplicants). Agrawal, aged about 65 years; R/o Baiadwar, Tahsil Sakti, Disn‘ct Janjgir- Champar (C.G.). 2. State of Chhattisgarh, Through The Collector, Janjgir, Distn'ct Janjgir— Champa (C.G.). @3 possession has been passed by the Civil Court. On due consideration the order impugned it appears that house is in question ancestral property and there is a dispute of partition after taking into consideration the facts Court below has tightly set aside the attachment part of the order. I do not find any scope for interference in terms of Section 482 of the Code of Criminal Procedure, 1973. Consequently, petition is liable to be dismissed and it is hereby dismissed. . I.A.-NO. 1 is also dismissed. 928/