HAJI RAHMATULLAH Vs. MOHD SADDIQ

JUDGEMENT

(1.) THIS criminal revision arises out of proceedings under Section 133 of CrPC, 1898.

(2.) THE applicant in the original proceedings has alleged that a public way exists in village Roorkali whereupon the opposite parties therein had put some earth and had also put their cots and thereby caused obstructions in the way, hence a prayer was made for removal of the obstructions. A conditional order requiring the opposite parties to remove the obstructions within the time fixed by the Court or to appear before himself to show cause why the order may not be enforced against him, was passed on 13- 2-1973. In reply to the above conditional order the opposite parties denied that there did exist any public path on the spot alleged by the applicants.

(3.) LEARNED counsel for the applicants in revision before me has placed reliance upon a ruling Musaddi v. State, 1971 AWR 112. He has invited my attention to the following observations made in paragraph 8 of the aforesaid ruling :-