RADHEY SHYAM S/O HARI RAM R/O VILLAGE JAGJITPUR P.S. KANKHAL, DISTRICT HARDWAR Vs. STATE OF UTTARAKHAND THROUGH SECRETARY ( HOME), DEHRADUN,

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 17.10.2011, passed by Sub Divisional Magistrate, Hardwar, in Case No. 56 of 1974, relating to proceedings under section 145 and 146 of Cr.P.C.

(3.) AFTER hearing the parties, the then Munsif, Hardwar vide his judgment of decree dated 23.11.1983, passed in Suit No. 27 of 1978, decreed the suit for declaration of title in favour of the plaintiff, and further directed the defendants to remove his construction. The appeal filed against said decree was dismissed vide order dated 12.08.1992, passed by Additional District Judge, Hardwar, in Civil Appeal No. 85 of 1983. The present petitioner appears to have further challenged the decree passed by the trial court and affirmed by the appellate court before High Court. This court vide its judgment and order dated 18.07.2007, passed in Second Appeal No. 818 of 2001, dismissed the appeal filed by the present petitioner.