HANSRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) The petitioners have filed this petition under Section 482 of Cr.P.C for invoking the inherent power by this Court and to set aside the impugned order dated 5.9.2014 passed by the 4th Additional Sessions Judge, Bhind in Cr. Revision No. 181/2004 by which the learned 4th Additional Sessions Judge has affirmed the order dated 27.8.2014 passed by the learned SDM, Bhind in Case No. 121/2014 under Section 133 of Cr.P.C.

(3.) Brief facts of the case are that, the respondent No. 2 to 4 have filed an application under Section 133 of Cr.P.C before the learned SDM, Bhind against the petitioners and respondent No. 5, claiming that the respondents No. 2 to 4 have their houses at Sainik Nagar, Ward No. 21, nearby Dehat Police Station, Bhind. For going to their houses a path is situated adjacent to south side of the police station. On the north side of this path, there is 20 ft. width road is available. The Municipal Corporation has constructed CC road in this 20 Ft wide public path. The respondents No. 1 to 3 are residing there since last 30 years. They do not have any alternative approach road. On 11.7.2014 the petitioners and non-petitioner No. 5 with the common intention constructed a wall on the public path and because of this, the approach to the houses of respondents No. 2 to 4 has been closed.