MUHAMMAD AZIZ Vs. STATE

JUDGEMENT

(1.) THIS revision (has arisen out of a case under section 133 Cr. P. C.

(2.) THE subject matter of dispute in this case is a piece of land situate in Qasba Machhali Shahar, district Jaunpur. It appears that on that land the applicant started making some construction. THE local police objected to bis making construction on that land on the plea that it was part of a public Rasta. When the applicant insisted on making construction on that land the police moved S.D.M. Machhali Shahar to initiate proceedings against him under section 133 Cr. P. C. Prima facie feeling satisfied that the complaint made by the police was correct, the learned Magistrate issued a notice to the applicant asking him to desist from making the construction in question and also to show cause why the order passed by him be not made absolute. THE applicant showed cause in pursuance to the notice served on him and denied the existence of any public Rasta on the disputed land. THE Magistrate heard both the sides, inspected the spot and held that the northern portion of the disputed land was part of public rasta. Having held so he fixed a date for proceeding with the case under section 138 Cr. P. C. Feeling aggrieved with the order passed by the Magistrate, the applicant has come up in revision to this Court.