Nafr High Court
Case Details
1 2025:CGHC:3698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1229 of 2018 Mukeshchandra Kumar S/o Late Girishchandra Kumar Aged About 44 Years R/o Bajrang Nagar Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh versus ... Petitioner(s) 1 - Gyanprakash Sahu And Others S/o Late Khemuram Sahu Aged About 50 Years R/o Rajiv Nagar Shivmandir Ke Pas P/s Pandari, Tahsil And District Raipur, Chhattisgarh 2 - Rajendra Sahu S/o Late Khemuram Sahu Aged About 45 Years Railway Colony Mandhar P.S. Dharsiva, Tahsil And District Raipur, Chhattisgarh AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 3 - Shiv Kumar Sahu S/o Late Khemuram Sahu Aged About 48 Years R/o Nimpara Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 4 - Jitendra Sahu S/o Shiv Kumar Sahu Aged About 33 Years R/o Nimpara Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 5 - Manoj Sahu S/o Shiv Kumar Sahu Aged About 35 Years R/o Nimpara Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 2 6 - Rikhi Sahu S/o Late Budhram Sahu Aged About 50 Years R/o Jagriti Nagar Main Road (In Front Of Kabir Aashram) Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 7 - Gore Lal Sahu S/o Jumuk Sahu Aged About 48 Years R/o Nimpara Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 8 - Gauri Shankar S/o Late Jumuk Sahu Aged About 50 Years R/o Nimpara Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 9 - Tikam Sahu S/o Sukhram Sahu Aged About 45 Years R/o Mathpara Gram Bhavan Ke Pas Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 10 - Bhupendra Kumar Sahu S/o Ishwar Sahu Aged About 29 Years R/o Shakti Para Urkura (Near Pond), P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 11 - Prakash Sahu S/o Moti Sahu Aged About 29 Years R/o Urkura Gram Panchayat Ke Pas, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 12 - Lakhan Lal Sahu S/o Late Sohan Lal Sahu Aged About 32 Years R/o Goutiya Para, Kabir Aashram Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh
Legal Reasoning
13 - K.L.Sahu S/o Shri Sahdev Sahu Aged About 55 Years R/o Dindayal Upadhyay Nagar, Thana Ke Pas P.S. D.D.Nagar, Tahsil And District Raipur, Chhattisgarh 14 - Dr. B.P.Sahu S/o Late Bhuluram Sahu Aged About 50 Years R/o 3 Urkura (Near Gram Panchayat) P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 15 - Oman Sahu S/o Late Bhuluram Sahu Aged About 45 Years R/o Near Chhota Talab Main Road Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 16 - Dinesh Kumar Sahu S/o Rikhiram Sahu Aged About 40 Years R/o Kabir Aashram Ke Samne Jagriti Nagar, Main Road Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 17 - Palan Sahu S/o Late Sohan Lal Sahu Aged About 38 Years R/o Gautiya Para Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 18 - Anmol Sahu S/o Late Salikram Sahu Aged About 40 Years R/o Urkura Bajrang Nagar, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 19 - Uttam Sahu S/o Late Salikram Sahu Aged About 41 Years R/o Urkura, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 20 - Shatrughan Sahu S/o Late Mishirit Sahu Aged About 41 Years R/o Urkura, Shaktipara, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 21 - Prabhu Sahu S/o Late Lekhu Ram Sahu Aged About 50 Years R/o Urkura, Shakti Para, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 22 - Mayaram Sahu S/o Late Ram Lal Sahu Aged About 50 Years R/o Urkura, Near Gram Panchayat, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 4 23 - Ramesh Sahu S/o Kishan Lal Sahu Aged About 32 Years R/o Urkura, Jagriti Nagar, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 24 - Devendra Sahu S/o Bhanu Sahu Aged About 22 Years R/o Urkura, Jagriti Nagar, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 25 - Gangadhar Sahu S/o Jhaggar Sahu Aged About 50 Years R/o Urkura, Near Gram Panchayat P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 26 - Samay Lal Sahu S/o Kanhaiya Lal Sahu Aged About 40 Years R/o Urkura, Shitla Para P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh 27 - Ravindra Sahu S/o Late Kiratram Sahu Aged About 38 Years R/o Urkura, Near Sai Mandir, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Jeet Patel, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/01/2025 1. Heard Mr. Jeet Patel, learned counsel for the petitioner. 2. The present petition has been filed by the petitioner seeking following relief: “It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this 5 petition and set-aside/quash the impugned order dated 02.08.2017 as well as order dated 14.06.2017, in the interest of justice.” 3. Brief facts necessary for disposal of this petition are that on January 20, 2014, respondents 1 to 8 were involved in a land partition dispute in village Urkura, where they claimed that Kaushilya Sahu and her family members had no share in the 1.5 acres of land. They even tried to force Kaushilya to sign some documents, but she refused. As a result, the respondents threatened to boycott her from society. The petitioner/complainant then filed a criminal complaint before the Judicial Magistrate First Class in Raipur, but it was dismissed by the trial court. Not giving up, the petitioner filed a revision against the order dated June 14, 2017, before the 2nd Additional Session Judge in Raipur, the revisional Court also dismissed the revision filed by the petitioner. Hence, the petition. 4. Learned counsel for the petitioner submits that the order dated 02.08.2017 is perverse, erroneous, and contrary to the law, and therefore, it should be set-aside or quashed, even the learned trail Court as well as the revisional Court failed to properly appreciate the evidence, series of events, and circumstances of the case. He further submits that the petitioner/complainant provided a proper explanation and duly proved their complaint, but the learned trial Court and revisional Court failed to consider it. The learned trial court did not properly appreciate the complaint report filed by the 6 petitioner/complainant with the concerned police station. He also submits that the petitioner/complainant filed a complaint, and the concerned police station submitted an inquiry report, which proved the allegations leveled by the petitioner/complainant. However, the learned trial Court as well as the revisional Court have not considered this point, therefore, the impugned judgment of dated 29.06.2018, passed by the revisional Court, is bad in law and against the evidence, and therefore, liable to be set-aside. 5. I have heard learned counsel for the petitioner, considered his rival submissions made hereinabove and also perused the documents annexed with petition. 6. From perusal of the record, it transpires that the revisional Court held that the allegations in the complaint and evidence, there is no ingredients of commission of offence under Section 153A of the Indian Penal Code so as to make out a prima-facie case against the respondents. More specifically, in such cases mens rea plays a vital role and on perusal of the material on record, the intention to cause disorder or incite people to violence which is the sine qua non of the offence under Section 153A of IPC, which warrants no interference by this Court. 7. Accordingly, the petition being bereft of any merit is liable to be and is hereby dismissed. Akhil Sd/- (Ramesh Sinha) CHIEF JUSTICE