RAM BABOO Vs. SHER SINGH

JUDGEMENT

(1.) THIS revision is directed against an order dated 27-9- 1973 passed by Additional Sessions Judge, Agra, in a case under Section 133 CrPC.

(2.) O. P. No. 1 (Sher Singh) is the owner of a certain property in which the applicants live as tenants. O. P. No. 1 moved an application on 16-10-1971 under Section 133 CrPC mentioning therein that the property was in dangerous condition and was likely to fall down any moment, and this may cause injury to lives and properties of persons living nearby. The Magistrate concerned sent that application to police for inquiry. The police report showed that the property in question was in dangerous condition. The Magistrate, therefore, passed a conditional order and called upon the applicants to show cause why the house in question be not demolished. The applicants appeared before the Magistrate on 14-9-1972 but O. P. No. 1 was absent. The Magistrate, therefore, dismissed his application on that very date. The result was that the proceedings under Section 133 CrPC stood dropped. O. P. No. 1 then moved an application for revival of the proceedings under Section 133 CrPC. That application was dismissed on 20-2-73 on the ground that there was no provision for revival of proceedings dropped under Section 133 CrPC.

(3.) IN the result, I allow the revision and set aside the orders passed by the Courts below reviving the dropped proceedings under Section 133 CrPC. It will be open to the Magistrate to take action on the application dated 17-2- 73 which O. P. No. 1 has filed under Section 133 CrPC.