PRAKASH PARIDA & ANOTHER Vs. RAJESH PARIDA

JUDGEMENT

(1.) In this revision petition, the petitioners have challenged the order dated 07.04.2016 passed by the learned Sub-Divisional Magistrate, Kendrapara in Criminal Misc. Case No. 32/15 of 2015 in a proceeding under section 133 Cr.P.C.

(2.) Learned counsel for the petitioner submitted that on receipt of the notice in the aforesaid case which was instituted at the instance of the opp.party no. 2 Rajesh Parida under section 133 Cr.P.C., the petitioners filed their show cause and the learned Sub-Divisional Magistrate, Kendrapara without following the procedure laid down under section 138 of the Cr.P.C. directed the Tahasildar, Kendrapara to demarcate the case land with the help of office Amin and to evict the encroacher within 15 days, if any, from the road. It was further directed that any construction that creates public nuisance shall be demolished forthwith.

(3.) Section 138 Cr.P.C. reads as follows: