ALOK BALLABH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Criminal misc. application has been filed by the applicant for quashing the order dated 22.06.2017 passed by IIIrd Additional Sessions Judge, Dehradun in Criminal Revision No. 43 of 2015, Alok Ballabh vs. State of Uttarakhand and others and order dated 07.02.2013 passed by Sub-Divisional Magistrate, Sadar, Dehradun in Criminal Case No. 01 of 2013- State vs. Alok Bhallabh under Section 133 of Cr.P.C.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the applicant submits that the path in question is a private pathway and the learned Sub-Divisional Magistrate has passed an order under Section 133 of Cr.P.C. against the applicant without giving an opportunity of hearing. Since notices were not served upon the applicant, therefore, he could not file his reply to contest the proceedings under Section 133 of Cr.P.C.