KARAM HUSSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant revision has been preferred against judgment and order dated 12.3.2001 passed by learned Vth Additional District and Sessions Judge, Basti in Mohd. Khalil and Ors. Vs. State of U.P. Criminal Revision No. 271 of 2000 , whereby revision instituted by Opposite Parties Nos. 3 to 8 against order dated 2.8.2000 passed by Sub-Divisional Magistrate, Mehdawal, District Sant Kabir Nagar in, Mohd. Khalil Vs. Karam Hussain and Ors. Criminal Case No. 21 of 1998 has been allowed and the Sub-Divisional Magistrate was directed to decide the case under Sec. 133, Cr. P.C. rather than to drop it proceedings on the ground that civil suit is pending in civil court.

(2.) Heard Sri S.K. Rai, learned Counsel for the revisionists and Sri Anoop Ghosh and Sri Shekhar Yadav, learned A.G.A.

(3.) Revisionists 1 to 4 and opposite parties No. 3 to 8 both are resident of village Batsara, Police Station Bakhira, Tehsil Mehdawal, District Sant Kabir Nagar. The opposite parties No. 3 to 8 moved application against revisionists under Sec. 133, Cr. P.C. containing the fact that there is a public path in village Batsara. The opposite parties who are revisionists, namely, Karam Hussain, Ubaidur Rehman, Shoharat Ali and Waliullah raised wall on public path and thereby obstructed the passage which has been in public use up till now. Therefore, prayer was made for removal of the wall which was constructed on the public path. When notices were issued, the revisionists appeared and filed objections before the Sub-Divisional Magistrate that they are owner and in possession of Gata Nos. 53 and 105 and whatever construction was made, it is on their plot and the public path has not been encroached. It was also alleged that a suit was filed in civil court in respect of abadi land and it was directed that the parties will maintain status quo on the spot. The Sub-Divisional Magistrate held that since regular suit is pending in civil court, therefore, it was not proper to pass any order under Sec. 133, Cr. P.C. Aggrieved therefrom, instant revision has been preferred.