RAM SEWAK RAI Vs. STATE OF UP

JUDGEMENT

(1.) This revision has been filed against the judgment and order dated 10.1.2003 passed by Sub Divisional Magistrate, Mohammadabad Gohna, District Mau in Case No. 12/14 Ram Chander v. Ram Sewak under Sections 133 Cr.P.C., whereunder the application moved by the applicant for recall of the order dated 22.9.1998 passed in Case No. 67/31/1998 under Section 133 Cr.P.C. has been dismissed.

(2.) It transpires from the record that respondent No. 3 Ram Chandra Rai moved an application on 3.6.1998 before Sub Divisional Magistrate concerned to this effect that the revisionist Ram Sewak Rai started to dig the foundation of his house in the land which was always used by Ram Chandra Rai as his passage since time of ancestor and Ram Sewak Rai tried to close his passage.

(3.) The Sub Divisional Magistrate, Mohammadabad Gohna registered Case No. 67 of 1998, under Section 133 Cr.P.C. and constituted a team comprising revenue, consolidation and police officials, who conducted measurement of the spot and Tehsildar submitted report dated 6.7.1998. The parties submitted compromise alongwith site plan in the light of above report. The learned Magistrate then decided the case in terms of compromise on 22.9.1998 finally. The revisionist also filed Criminal Revision No. 15 of 2000 against this order but the same was summarily dismissed on account of its being barred by limitation.