SITA RAM MISHRA Vs. STATE OF UP

JUDGEMENT

(1.) The learned Counsel for the applicant prays for and is permitted to delete the name of the respondent No. 4.

(2.) Heard the learned Counsel for the applicant Sita Ram Mishra, the learned AGA for the respondents and perused the record.

(3.) It appears that the Sub Divisional Magistrate, Salempur, district Deoria has proceeded against the applicant under Section 133 Code of Criminal Procedure and passed the conditional order on 27.6.2009, in pursuance, whereof the applicant filed a detailed objection dated 3.8.2009 denying the existence of public way on the disputed land. The learned Executive Magistrate, on receiving the objection, instead of deciding the question whether or not the disputed land is a public way, proceeded with the matter under Section 138 Code of Criminal Procedure, vide his order dated 15.2.2010.