SURENDRA SINGH Vs. JAIBIR SINGH

JUDGEMENT

(1.) This criminal revision is directed against the order of III Addl. Sessions Judge, Muzaffarnagar, dated 15-1-1985, passed in Criminal Revision No.168 of 1984, whereby he allowed the said revision, set aside the order of the learned Magistrate dated 20-5-1983 and remanded the matter back to the Magistrate concerned directing that the case be proceeded with in furtherance of the Magistrate's order dated 16-9-1982 which had been confirmed in Criminal Revision No.20 of 1982.

(2.) The brief facts are that three applications dated 16-12-1980, 18-12-1980 and 2-1-1981 had been moved by one or others of Mahendra Singh, Jaibir Singh, Sukhbir Singh, Umrao, Chauhal Singh and Babu Ram complaining that Surendra Singh and others, present revisionists had encroached upon public way by raising wall. The Magistrate called for the report from the police station concerned as to whether there was any encroachment of the alleged public way. On the report of the police a conditional order u/s 133, Cr.P.C. was passed and the notices were issued against the revisionists.

(3.) By order dated 16-9-1982, the learned Magistrate purported to pass an order under S.137, Cr.P.C. holding that there was no reliable evidence in support of the denial, by the present revisionists of the existence of public right in respect of the way in question. The present revisionists filed Criminal Revision No.209 of 1982 in the court of Sessions Judge, Muzaffarnagar who dismissed the same upholding the order of the learned Magistrate dated 16-9-1982.