Crl. Misc. No. M-5902 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-5902 of 2011 (O&M) Date of Decision: 10.3.2011 Narsi Ram ................................................................. Petitioner Versus Jagdish and others ................................................ Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Kuldeep Khandelwal, Advocate for the petitioner. ... RITU BAHRI, J. Challenge in this petition is to the order dated 16.12.2010 passed by the Additional Sessions Judge by which the revision petition against the order dated 4.7.2009 has been dismissed. Mr. Kuldeep Khandelwal, counsel for the petitioner, has argued that the revision petition has been dismissed on the ground that it is not maintainable. Learned counsel further prays that the matter be remanded back to the revisional authority and his revision petition be treated as appeal and he may be allowed to argue the case on merits. After going through the entire record the trial Court has come to the conclusion that the complainant had led no evidence to prove that the Crl. Misc. No. M-5902 of 2011 (O&M) [ 2 ] crop of Rabi 2000 cotton was cultivated in the suit land and in the crop Kharif 2001 wheat crop was shown in the suit land. It has been recorded in the order of the trial Court that the complainant has cultivated Methi crop in the suit land which was destroyed by the accused. This fact is contrary to the Revenue records as Khasra Girdawari reveal that wheat crop was grown on the suit land for that relevant time. If an inspection had been carried out on his fields by the Revenue Officer he could depose regarding the nature of crop on the suit land. The revisional authority has observed as a matter of fact that no evidence has been adduced by the revisionist/claimant to show that the accused have committed the offence under Section 323/427/506/34 IPC. This is a case of no evidence as the Khasra Girdawaris reveal that wheat crop was grown on the suit land at the relevant time. In view of the above factual position, criminal miscellaneous is dismissed. 10.3.2011 ( RITU BAHRI ) Rupi JUDGE