KUNOO Vs. SEWALAL

JUDGEMENT

(1.) THIS is a petition under 482 Cr PC filed by the petitioner feeling aggrieved by the order dated 17.05.2002 passed by Third Additional Sessions Judge Chhatarpur, whereby the order dated 25.01.02 passed by SDM Rajnagar in Case No. 4/02 has been confirmed.

(2.) THE brief facts of the case are that the non -applicant No.1, Sewalal filed a report at PS Rajnagar that the present petitioner Kunoo obstructed the common way by constructing a wall on Survey Nos. 1258 and 1260 situation at village Talgaon and thereby obstructing the common way of the agriculturists of the village which constitutes public nuisance. On this report, the police, Rajanagar, filed a complaint under section 133 of the CrPC before the SDM, Rajnagar. After giving opportunity to both the parties, the learned SDM, Rajnagar, vide impugned order dated 25.01.2002, ordered for the removal of the concerning wall constructed by the present petitioner within a week. Feeling aggrieved by the aforesaid order, the petitioner came up in revision under section 397, CrPC which has been decided by the Third Additional Sessions Judge, Chhatarpur, in Criminal Revision No. 21/02 vide order dated 17.05.2002 and dismissed the revision petition. Again feeling aggrieved by the aforesaid order passed by the Court below, the petitioner came up before this Court under section 482, Cr PC for the quashment of the entire proceedings registered under section 133 of CrPC

(3.) IT is submitted by the learned counsel for the petitioner that admittedly the disputed land Survey Nos. 1258 and 1260 belongs to the petitioner Kunoo and he has a right to use his land as per his desire. He constructed the concerned wall on his land. If the other villagers or non -applicant N o. 1 has any right of way on this land then they should approach the civil Court for mandatory injunction or approach to the Revenue Court under the powers of section 31 of M.P. Land Revenue Code. If the State has any grievance to provide the right of way on this land then also the Government has a right to acquire this land as per the provisions of the Land Acquisition Act. But no question arises to disturb the possession of the petitioner's land under the provisions of section 133 of the CrPC therefore, prayed for the quashment of the orders passed by the learned Courts below.