ROSHANI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application under Section 482 Cr.P.C. has been filed for quashing the order dated 30.05.2014 passed by City Magistrate, Dehradun in proceedings under Section 147 (1) Cr.P.C. Applicant has also challenged the order dated 18.11.2014 passed by District and Sessions Judge, Dehradun in Criminal Revision No. 188 of 2014, whereby order of learned City Magistrate was affirmed.

(2.) Respondent no. 2 is a society, which runs a Gurudwara known as Sri Satguru Baba Darvesh Hari Ji, Sant Mandal, Kehri Gaon, District Dehradun. Respondent no. 2 owns agricultural land abutting the said Gurudwara. Respondent no. 2 made a complaint to the City Magistrate under Section 147 Cr.P.C. stating that the public path leading to Gurudwara and adjoining agricultural land, has been blocked by Smt. Roshni Devi (applicant herein) and her three sisters. It was further stated in the complaint that the said path was about 15 feet wide and was used for more than 50 years for taking tractor and other agricultural implements to the agricultural field.

(3.) City Magistrate, Dehradun issued notice on 15.07.2006 to the applicant and her three sisters requiring them to file their objection on or before 01.08.2006. Applicant filed her objection disputing the averments made in the complaint.