DEVI SINGH Vs. PRATAP SINGH

JUDGEMENT

(1.) Heard Sri Kuldeep Rawal learned counsel for the applicants and Sri G. S. Sandhu learned A.G.A. for the State.

(2.) This is a petition under Section 482, Cr. P.C. for quashing the judgment and order dated 2-7-1983 passed by the Sessions Judge, Pithoragarh in Criminal Revision No. 5/1983 Pratap Singh v. Deb Singh.

(3.) Brief facts of the case are that the respondent No. 1 moved an application before the S.D.M. under Section 133, Cr. P.C. alleging therein that there was a public path to the other villages and the applicants had created constructions on the public way. Thereafter, vide order dated 12-3-1981, the S.D.M. directed the applicants either to remove the obstructions of the public way or to present in his Court on the date fixed for showing cause why the aforesaid conditional order should not be made absolute. The applicants filed their reply of the aforesaid order, in which it was stated that there was no Bandobasti Rasta and nor the applicants had created any obstructions. The applicants had denied the existence of the public way. The applicants in support of their contention produced witnesses, namely Gopal Ram, Amin, Ram Singh, K. Kanungo. The witnesses have clearly stated that neithen there was public way nor the applicants constructed any constructions. A report was also sought from the Tehsildar in this regard by the S.D.M. After completing the enquiry under Section 137 Cr. P.C. the learned magistrate passed the order that there is reliable evidence in support of the denial of public path and stayed the proceedings till the right of existence of public way is decided by the competent Court.