LAWS(ALL)-2016-6-69

DANISH Vs. STATE OF U P AND ANOTHER

Decided On June 30, 2016
DANISH Appellant
V/S
State Of U P And Another Respondents

JUDGEMENT

(1.) The applicant by means of the instant application u/s 482 Cr.P.C. has invoked the inherent jurisdiction of the court with prayer to quash the order dated 26.5.2016 passed in Criminal Revision No. 904 of 2015, Danish Vs. State and another, as well as order dated 31.8.2015 passed in Case No. D20151802002022, State Vs. Danish, under section 133 Cr.P.C. P.S. Civil Lines, District Aligarh.

(2.) Heard learned counsel for the applicant and learned AGA. Perused the record.

(3.) Some facts in brief are that the learned Additional City Magistrate (II), Aligarh, while exercising his powers u/s 133(1) Cr.P.C., vide impugned order dated 31.8.2015 ordered the applicant to remove within one week the encroachment done by him on the public road by running his shop of goggles and belts on it. Being aggrieved the applicant filed Criminal Revision no. 904 of 2015 challenging the aforesaid order, which was dismissed by the court of Additional Sessions Judge, Court No. 4, Aligarh, vide order dated 26.5.2016 and the order of the learned City Magistrate, directing the applicant to remove his shop obstructing the public way was confirmed by learned revisional court.