RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) is is a criminal revision against the judment and order dated 20-2-90 passed by the Ist Addl. Sessions Judge, Basti in Criminal Revision No. 397 of 1989 Bhagirathi v. Shri Ram and others setting aside the judgment and order dated 20-6-89 passed by the Sub-Divisional Magistrate, Harraiya, District Basti in Criminal Case No. A-104/ 11/86 Shri Ram v. Bhagirathi under S. 133, Cr.P.C., P. S. Chhawani, District Basti.

(2.) The facts of the case briefly stated are that the 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 within 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 filed his objection denying the existence of any public path. The Naib Tehsildar concerned submitted his sopt inspection report. Bhagirathi produced one witness Sukhdeo in his denial evidence.

(3.) Having considered the evidence on record, the learned Magistrate came to the conclusion that there existed a public path in which Bhagirathi had made constructions. Aggrieved of his order, Bhagirathi preferred a revision against the same. The revision was allowed and the order of the Magistrate was set aside by the Additional District Judge, Basti vide his order dated 20-2-90. Aggrieved of his order Shri Ram and another preferred this revision against the same.