VIKRAMA Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) On the basis of police report of July 24, 1978, a conditional order dated 27.5.81 was passed by the Pergana Magistrate, Kerakat, district Jaunpur under Sec. 133, Criminal Procedure Code, thereby directing the applicants herein to remove the obstruction from the public path running through plot No. 401 measuring .02 (Navin Parti) owned by the Gaon Sabha, within a period of one week. Aggrieved by this order the petitioners preferred Criminal Revision No. 115 of 1981 which was heard and accepted by the Ist Additional District Judge, Jaunpur. It is that order of June 15, 1982, the correctness, regularity, propriety and legality whereof has been challenged by the petitioners in this criminal revision.

(2.) Learned counsel for the parties have been heard and both the judgments of the courts below have been examined. On receipt of police report dated 24.7.78 the learned Magistrate summoned the parties and corded their evidence and on the basis of revenue record showing Khasra No. 401 (.02) to be Navin Parti, found that it was the property of the Gaon Panchayat. Then he took into consideration the resolution passed by the Gaon Panchayat thereby resulting and declaring Khasra No. 401 measuring .02, 'Navin Parti', to be a public path. He further came to the conclusion that the petitioners have obstructed this path unlawfully. The petitioners did not lead any evidence to the contrary. The learned Magistrate passed the order dated 27.5.81.

(3.) The learned lower revisional court did not refer to the above mentioned two pieces of documentary evidence and instead relied upon the map appended to the police report and other oral evidence and recorded a finding that public at large was not interested in the said path and only Vikram Singh was interested therein. It is this finding which has been challenged before me by the learned counsel for the petitioner.