JAGDAMBA PRASAD TEWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition u/S. 482, Cr. P.C., the petitioners have sought the relief for quashing the orders dated 7-8-1981 and 12-8-81 passed by Sub-Divisional Magistrate, Machhali Shahr, District Jaunpur. While admitting the petition, this court stayed the proceedings in pursuance of the aforesaid orders.

(2.) Proceedings u/S. 133, Cr. P.C. commenced against the present petitioners on a police report made by the Station Officer Police Station, Sujanganj, District Jaunpur to the Sub-Divisional Magistrate Machhali Shahr, Jaunpur. The report was to the effect that in village Dompur towards the northern side of the house of Shiv Shanker Shukla, the house of Jagdamba-applicant is situate and towards the eastern side the house of applicant No. 2 Ram Lal is situate. Both these petitioners have obstructed the passage through which the rainy season water used to flow. Apart, this Gali is being used by Shiv Shanker Shukla and other residents of the village as a way. The nature of the obstruction, as alleged in the report, was that the applicants have constructed a wall blocking the passage as well as the flow of the rainy season water.

(3.) The cause for initiation of the proceedings arose on account of construction of the wall on the way in question and denial of user of the same by Shiv Shanker Shukla and other villagers.