S P TRIVEDI Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against the order of a Magistrate, first class, in proceedings under Section 133, Criminal P. C.

(2.) A complaint was made by the District Engineer, P, W. D. Sitapur, on 11-7-1952, against the applicant to the effect that the applicant had encroached upon a piece of land 62. 5 feet in length and 15 feet in breadth which formed part of the public road. It was prayed that the encroachment be ordered to be removed by the Court.

(3.) NOTICE was issued to the applicant to show cause why the obstruction should not be removed. The applicant appeared before the Magistrate and-pleaded that the piece of land on which he had made the construction did not form part of the public road and that he had purchased that piece of land by means of a sale deed. Some documents were also produced by him in support of his contention that the land belonged to him and was not a part of the public way. The learned magistrate repelled the contention of the applicant on the ground that he did not deny the existence of the public way and as such it was not necessary to ask the parties to get the matter decided by the Civil Court. He examined the evidence produced on behalf of the complainant and ordered the removal of the obstruction. The applicant then went in revision to the Sessions judge who in a brief order dismissed the application lor revision.