BHAWAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioners have prayed for quashing the conditional order dated 1.9.2001 passed by the SDM, Tharali in Criminal Case No. 33/2001, State v. Bhawan Singh & Ors. as well as the order dated 4.3.2005 passed by the Sessions Judge, Chamoli in Criminal Revision No. 39/2001 Smt. Gaura Devi & Ors. v. State of Uttaranchal.

(2.) IN brief, the case of the petitioners is that Pradhan of village Talwari and other villagers moved applications on 21.8.2001 and 31.8.2001 with the averments that petitioner Bhawan Singh Tamta and his son Vijay Singh have stopped the way which is going towards the Govt. Degree College and which is a bandobasti public way by their illegal possession. Naib Tehsildar, Tharali has inspected the place and submitted his report dated 31.8.2001 and specifically stated in his report that khasra no. 1029 is a public path which was closed by the petitioners and on the way they have constructed a Goshala by grass and have taken possession over khasra no. 1030 by fencing the wires. Khasra no. 1030 land was allotted for the Govt. Decree College, Talwari. On the report of Naib Tesildar, SDM, Tharali has issued a conditional order dated 1.9.2001 under Section 133(1) CrPC to the petitioners with direction to remove the abovesaid obstructions up to 4.9.2001 or appear on 5.9.2001 to show cause. Petitioners Gaura Devi and Vijay Singh appeared before the SDM on 5.9.2001 and stated that they are not at all concerned with the abovesaid land and petitioner Bhawan Singh is not feeling well and medical certificate was produced that Bhawan Singh was advised to rest from 4.9.2001 to 11.9.2001. However, Bhawan Singh on the wrong pretext has not appeared before the SDM on 4.9.2001 and filed a revision before the Sessions Judge, Chamoli and was present before the Sessions Judge, which reveals that intentionally he was not present before the SDM on 5.9.2001 and have gone in the court of Sessions Judge, Chamoli. After hearing learned Counsel for the parties, learned Sessions Judge has dismissed the revision vide order dated 4.3.2005.