HARISH CHANDRA PANDE Vs. NAND KISHORE

JUDGEMENT

(1.) THIS criminal revision has been filed against the judgment and order dated 22 -2 -1990 passed by the District Judge, Almora in criminal revision No. 21/1999, whereby the District Judge remanded the case in the learned Magistrate with the direction that he will register the case afresh and then record a finding as envisaged by sub -section (2) of section 137 Cr.P.C.

(2.) BRIEF facts of the case are that Nand Kishore - respondent no. 1 made an application before the S.D.M., Baramandal to the effect that Harish Chandra Pande - revisionist had caused nuisance by causing obstruction to a public way and this has led to an apprehension to breach of peace in between the parties. The report was called for and the Magistrate issued a conditional order directing Harish Chandra Pande to remove the obstruction from the public path or to show cause as to why the conditional order should not be made absolute. Thereafter, S.D.M. Baramandal, Almora rejected the application of Nand Kishore on the ground of seeking adjournment and the S.D.M. Baramandal proceeded the case ex -parte against Nand Kishore vide order dated 11 -41989. Feeling aggrieved by the said order, Nand Kishore preferred a revision before the learned Sessions Judge and the learned Sessions Judge has allowed the revision and the order dated 11 -4 -1989 was quashed. The learned Sessions Judge also directed the Magistrate to produced with the case at the stage from where it was proceeded ex -parte. It was further directed that the learned Magistrate would consider the matter concerning the report of the Tehsildar and the police authorities of P.S. Almora while deciding the matter under section 137 & 138 Cr.P.C.

(3.) PURSUANT to the aforesaid order the learned Magistrate proceeded with the case and rejected the application of Nand Kishore vide order dated 23 -10 -1989. Feeling aggrieved by the said order, Nand Kishore again preferred a revision before the learned Sessions Judge and the learned Sessions Judge had allowed the revision. The learned Sessions Judge remanded the case to the Magistrate with the direction to register the case afresh and then record a finding as envisaged under sub -section (2) of Section 137.