RAMESHWAR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basil, J. Rameshwar Prasad and 21 others have challenged the order dated 18-6-1992 passed by Sub-Divisional Magistrate, Haudia Allahabad in case No. 20-A/37 of 1991-92 under Section 133, Cr. P. C. whereby it was directed that those proceedings would remain stayed until the parties get their rights determined under Section 137 (2), Cr. P. C.

(2.) THE small facts are that the applicants made a grievance on 15-9-1989 before the Sub-Divisional Magistrate that opposite party Jang Bahadur and others have made illegal construction on a public pathway and that has caused obstruction which should be removed. A conditional order was passed by the Magistrate on 21-5-1990 calling for a report from the Naib-Tehsildar. After the service of the conditional order on the opposite party they tiled their written statement on 23-7-1990. A police report was also called which is dated 2-12-1990. On considering the materials the Magistrate passed a final order on 13-3-1991 to the effect that the illegal construction should be removed forth with.

(3.) IN support of this revision Sri P. P. Yadav, learned counsel for the applicants, Sri R. C. Singh, learned Counsel for the opposite parties and Kumari N. A. Moonis, learned A. G. A. have been heard at length. At the time of admission a counter-affidavit was called whereupon parties have exchanged affidavits and this revision is being disposed of finally at the admis sion stage.