RUSTAM Vs. MANFAID AND ANR.

JUDGEMENT

(1.) The present criminal (revision) has been directed against the judgment and order dated 15 -03 -1997 passed by Sri V.P. Singh, the then Additional District and Sessions Judge, Roorkee, District Haridwar in Criminal Revision No. 28 of 1996 setting aside the order dated 08 -01 -1996 passed by the S.D.M., Roorkee, District Haridwar Under Sec. 133 of the Code of Criminal Procedure, State v/s. Rashid and Ors.

(2.) Brief facts for the disposal of this revision are that the learned S.D.M. at the behest of the opposite party initiated the proceedings Under Sec. 133 of the Code of Criminal Procedure and a show cause notice as provided under Sec. (133, Code of Criminal Procedure) was issued to the revisionist and in response to the said notice, the revisionist appeared and denied the existence of any public right in respect of the land in dispute and filed an objection and show -cause against the order of the learned S.D.M. Thereafter, the learned Magistrate proceeded against the revisionist and he made the order absolute Under Sec. 136 on 04 -01 -1996 and directed to remove the alleged construction over the pathway.

(3.) The revisionist on the same day, i.e. on 04 -01 -1996 filed an application inviting the attention of the learned Magistrate that the order was passed in utter disregard of the provisions of the Code of Criminal Procedure and he further alleged that the revisionist had not been afforded any opportunity of being heard and the learned Magistrate had passed the order without hearing and without considering the case of the revisionist.