CHATAR SINGH PANWAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this criminal revision, filed by Chatar Singh Panwar, the judgment and order of Sessions Judge, Uttarkashi dated 23.10.2008 has been challenged. The said order was passed in Criminal Revision No. 11/2006 titled Dinesh Panwar v. Chatar Singh Panwar. In the said revision, the learned Sessions Judge while allowing the same, set aside the judgment and order of learned Sub Divisional Magistrate dated 7.4.2006 in the proceedings of Case No. 30/2003 titled as Chatar Singh Panwar v. Dinesh Panwar.

(2.) HAVING heard the learned Counsel for the either side, it appears that the revisionist Chatar Singh Panwar is real uncle of Dinesh Panwar. On the application of Chatar Singh Panwar, the proceedings under Section 147 Code of Criminal Procedure were initiated against Dinesh Panwar and after rendering opportunity to both the parties, the learned Sub Divisional Magistrate was of the view that khasra No. 2208 & 2209, Dinesh Singh has encroached upon the way, which was being used by Chatar Singh and other persons. Although Chatar Singh Panwar ordinarily resides at some other place known as Gyansu, but his residence and other constructions are also existing alongside the disputed spot and he had kept on using this way whenever he visited village Barahat, where the disputed land of the thoroughfare exists.

(3.) LEARNED Sub Divisional Magistrate has concluded his findings after giving an opportunity to both the parties for adducing their respective evidence and having procured the reports of Govt. machinery. Feeling aggrieved by the said order, Dinesh Panwar preferred a revision in the court of Sessions Judge, Uttarkashi, who set aside the judgment of the learned Sub Divisional Magistrate.