RAMAWATI Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) THIS revision has been filed under Section 397/401 Cr.P.C. against the order dated 18/12/2014 passed by City Magistrate, Gorakhpur in case No. 24 under Section 133 Cr.P.C., directing revisionist to remove the encroachment within a week, failing which face prosecution under Section 188 IPC.

(2.) I have heard Sri P.K. Srivastava for respondent and learned AGA. None appeared for the revisionist. I have perused the record.

(3.) COMPLAINANT stated that area of plot No. 264 is only 650 sq. feet while total construction made is on 1100 sq. feet, which is definitely an encroachment warranting intervention under Section 133 Cr.P.C. Width of the public street was eight feet, which has been reduced to two feet. Moreover, Smt. Ramawati Devi had purchased the house covering the area of 967 sq. feet and there is encroachment on public road. Complainant's case is that revisionist had constructed RCC pillars, blocked the road and overhanging projections have been built, restricting the movement in public street.