MOOL CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482, Cr. P.C. has been filed for quashing the proceedings under Section 133, Cr. P.C. and the order dated 12-3-2001 passed by the Additional City Magistrate (First), Allahabad directing the applicants to remove the encroachments from the lane and drain at the south of their house within fifteen days in proceedings under Section 133, Cr. P.C. and the order dated 22-1-2002 passed by the Additional District and Sessions Judge, Court No. 11 dismissing the criminal revision against the aforesaid order dated 12-3-2001.

(2.) It is contended by the learned counsel for the applicants that the proceedings under Section 133, Cr. P.C. which have been initiated by opposite party No. 2 are an abuse of process of Court because they pertain to the same encroachment, which was subject-matter of civil suit No. 477 of 2000 (Lal Bahadur v. Mool Chandra), which was pending before the third Civil Judge (Junior Division), Allahabad.

(3.) In this case a spot inspection was even conducted by the Additional City Magistrate on 4-10-2001 and he has recorded a finding in the impugned order that the subject-matter in the civil suit pertained to certain alleged encroachments in a narrow strip of land, which was running north to south between the houses of opposite party No. 2 and the applicants and it did not pertain to the alleged encroachments on the lane and drain which run in the east-west direction and fall on the south of the house of the applicant Mool Chandra and Lal Bahadur, Opposite party No. 2.