MOOLA Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this revision petition are that on receipt of information from SHO Narela, that one Todar son of Kallu resident of Bawana had caused obstruction to persons using the public path which join Babadurgarh Road with pacca passage of village Bawana, SDM Kingsway Camp issued notice under Section 133 Cr, P.C. and after examining the witnesses and hearing the parties, he ordered that Todar should remove the obstruction i.e. the wall which had blocked the passage and ten days time was given.

(2.) Aggrieved by the said order, a revision petition was filed before the Addl. Sessions Judge, who by his order dated August 4, 1979 set aside the order passed by the S.D.M. and held that the proceedings under Section 133 Cr. B.C. were not maintainable.

(3.) Aggrieved, this revision petition under Section 397 Cr. P.C. has been filed by Shri Moola son of Shri Mohlar. Though the case has been pending since 1979, and has been on the board of this court, none appeared. I have waited for the counsel for the petitioner and the State counsel but none appeared and therefore, I proceed to dispose of this revision petition on the basis of record available, as it is useless to keep such an old revision petition undecided any further.