SRI RAM Vs. STATE OF U P

JUDGEMENT

(1.) SURYA Prasad, J. This is a criminal revision against the judgment and order dated 20-2-90 passed by the 1st Additional Sessions Judge, Basti in Criminal Revision No. 397 of 1989 Bhagirathi versus Shri Ram and others setting aside the judgment and order dated 20-6-89 passed by the Sub-Divi sional Magistrate, Harriaiya, district Basti in Criminal Case No. A-104/11/86 Sri Ram v. Bhagirathi under Section 133, Cr. P. C. , P. S. Chhawani, district Basti.

(2.) THE facts of the case briefly stated are that Sub-Divisional Magistrate after perusing the report of the Station Officer of the police station concerned dated 15-5-88 passed a conditional order directing the opposite party Bhagirathi and another to remove the constructions raised by them withia 15 days or to appear in the court to show cause why the conditional order should not be made final. THE opposite party Bhagirathi appeared in the court and tiled his objection denying the existence of any public path. THE Naib Tehsildar con cerned submitted his spot-inspection report. Bhagirathi produced one witness Sukhdeo in his denial evidence.

(3.) THE revisionists made a complaint that opposite party No. 2 Bhagirathi was making constructions on the public path. On that complaint a report was called from the Station officer of the police station concerned. THE Naib Tehsildar concerned also submitted his spot-inspection report. THE opposite party No. 2 Bhagirathi produced the evidence to deny the very existence of the public path. It is on the basis of all this that the learned counsel for the revisionists has argued that the learned Magistrate has passed his impugned judgment and order after consideration of the evidence on record and therefore, there is no illegality, irregularity or impropriety in his order dated 20-6-89. On the contrary, according to him, the order dated 20-2-90 passed by the 1st Additional Sessions Judge, Basti is illegal, arbitrary and perverse.