KUNOO Vs. SEWALAL

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr. PC filed by the petitioner feeling aggrieved by the order dated 17-5-2passed by Third Additional Sessions Judge, Chhatarpur whereby the order dated 25-1-02 passed by S. D. M. , 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 P. S. Rajnagar that the present petitioner Kunoo obstructed the common way by constructing a wall on Survey Nos. 1258 and 1260 situated at Village Talgaon and thereby obstructing the common way of the agriculturists of the village which constitute the public nuisance. On this report, the police Rajnagar filed a complaint under Section 133 of the Cr. PC before the SDM Rajnagar. After giving opportunity to both the parties, the learned SDM Rajnagar vide impugned order dated 25-1-02 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, Cr. PC which has been decided by the Third Additional Sessions Judge, Chhatarpur in Criminal Revision No. 21/02 vide order dated 17-5-02 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 Cr. PC.

(3.) THE learned Counsel for the State supported the impugned order passed by the Courts below and prayed for the dismissal of the petition.