1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application No. 848 of 2011 Vijendra Prasad S/o Late Shri Liladhar R/o Village Kotiyal Gaon Patti Baragadi,Tehsil Bhatwari District Uttarkashi …..…Petitioner Versus 1. Bachan Singh, S/o Shri Amar Singh 2. Smt. Abla Devi, W/o Amar Singh 3. Virendra Singh, S/o Pyar Singh 4. Khushal Singh, S/o Shri Sher Singh 5. Bhadar Singh, S/o Shri Surat Singh 6. Indra Singh, S/o Shri Bhakti Singh All R/o Village Kotiyal gaon, Patti Baragadi Tehsil Bhatwari, District Uttarkashi 7. Kushla Nand, S/o Shri Rajendra Prasad 8. Ramesh, S/o Shri Rajendra Prasad Both R/o Village Koti, Patti Baragadi Tehsil Bhatwari, District Uttarkashi 9. Harshmani, S/o Shri Gainanand R/o Village Ladari, Patti Baragadi Tehsil Bhatwari, District Uttarkashi 10. Amar Singh, S/o Shri Hari Singh R/o Village Koti, Patti Baragadi Tehsil Bhatwari, District Uttarkashi 11. State of Uttarakhand through Secretary (Revenue) Dehradun. ……….Respondents Mr. A.M. Saklani, Advocate, present for the petitioner. Mr. S.S. Adhikari, A.G.A., present for the State. Hon'ble Prafulla C. Pant, J. 2 By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the order dated 06.01.2010, passed by Sub Divisional Magistrate, Bhatwari, in criminal miscellaneous case no. 49 of 2007, Vijendra Prasad vs. Bachan Singh & others. Also, order dated 18.07.2011, passed by Sessions Judge, Uttarkashi, in criminal revision no. 3 of 2010, is challenged whereby said court has affirmed the order passed by the Magistrate under section 145/146 Cr.P.C.. 2. Heard learned counsel for the petitioner, and learned counsel for the State. 3. Brief facts of the case are that petitioner Vijendra Prasad moved an application under section 145/146 Cr.P.C., on 01.06.2007, before Sub Divisional Magistrate, Bhatwari, claiming that he is in possession of the land of khasra nos. 883, 696, 884, 885, 886, 889, 894, 896, 1127, 1119, 1116, 1473, 1474, 125, 176, 577, 791, 127, 173, 700, 744, 748, 749, situated in village Kotiyal Gaon. He pleaded that the respondent nos. 1 to 10 are interfering in his peaceful possession, and there is apprehension of 3 breach of peace. It appears that the Sub Divisional Magistrate issued notice to the respondents under section 145 (1) Cr.P.C., and also called for report from the concerned Revenue Officials. After hearing the parties, and considering the evidence on record, the Sub Divisional Magistrate, vide his order dated 06.01.2010, held that the land in question was in possession of the respondents who are cultivating the same. It is further observed by the Magistrate, that petitioner Virendra Kumar had filed a revenue case in the year 1984-85 under section 229B and 209 of U.P. Zamindari Abolition & Land Reforms Act, 1950, against Kedar Singh & others but the same was dismissed by Assistant Collector, Bhatwari. Thereafter the petitioner filed an appeal before the Commissioner , and the appeal was also dismissed on 23.12.2007. The Magistrate found that in respect of land in question neither it was found that petitioner was in possession of the land nor any apprehension on breach of peace established. Accordingly, the Magistrate dismissed the proceedings. The petitioner filed the criminal revision no. 3 of 2010, before the Sessions Judge, Uttarkashi. After hearing the parties he too has concurred with the 4 Magistrate, and dismissed the revision. 4. Having heard learned counsel for the petitioner, and learned counsel for the State, and after going through the impugned order, copies of the khasra, khatoni and other papers on record, in the above circumstances, this Court finds no scope of interference with the impugned orders in its jurisdiction under section 482 Cr.P.C.. Accordingly, the petition under section 482 Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Parul 16.09.2011