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Judgment
Goutam Bhaduri, J
Heard.
The present petition is against the order dated 02/11/2018 passed by Chief Judicial Magistrate, Korba, District Korba (C.G.) in Criminal Revision
No. 56/2018, whereby the order dated 30/07/2018 passed by Sessions Judge, Korba (C.G.) dismissing the complaint filed by the petitioner, was
affirmed.
Learned counsel for the petitioner submits that the respondent Kausar Ali has encroached upon the part of the land belonging to the petitioner by
force and thereby has committed the offence. He further submits that when the complaint was filed the trial Court failed to exercise its jurisdiction and
appreciate the evidence of the complainant witness.
Perusal of the order of the revisional Court would show that the petitioner and the respondent are uncle and nephew and they were in dispute over
certain part of the land. The order impugned reflects that the complainant has failed to produce any evidence or witness to establish the fact that the
respondent has encroached and demolish the part of the wall which belonged to the petitioner. The finding of the learned Sessions Judge would show
that the complaint and the submissions are too vague and therefore, did not take any cognizance under Section 200 of the Cr.P.C. and affirmed the
order of the trial Court, whereby the complaint was dismissed. Considering such finding, it appears that as no statement is also before this court to
appreciate this facts, this court is not inclined to exercise its jurisdiction to interfere with such finding of fact in exercise of powers under Section 482
Cr.P.C.
This petition has no merit it is accordingly dismissed.