NITYANANDA DAS Vs. PREMANANDA DAS

JUDGEMENT

(1.) THIS revision is directed against the order dated 10.5.2006 passed by Sub -Divisional Magistrate, Kendrapara in Criminal Misc. Case No. 58 of 2006.

(2.) THIS fact of the case in a nutshell is that the present opposite party filed a petition under Section 133 Cr.P.C. before the Sub -Divisional Magistrate, Kendrapara alleging therein about the obstruction created by the present petitioners over Hal plot Nos. 515 and 518. The Sub -Divisional Magistrate forwarded the petition to the O.I.C., Pattamundai P.S. to enquire and report and to prevent breach of peace between the parties. On receipt of the report from the O.I.C. and considering the facts, circumstances, gravity and urgency of the case, the Sub -Divisional Magistrate by order dated 12.4.2006 initiated a proceeding under Section 133 Cr.P.C. with conditional order directing the petitioners to clear the obstruction by removing the fences within seven days with liberty to file show cause on 22.4.2006 in case the petitioners do object the same. Accordingly, the notices were duly served on the petitioners on 18.4.2006. Pursuant to the notice, the petitioners appeared on 22.04.2006 and filed a petition for time and accordingly the case was posted on 29.04.2006 for filing of show cause. Ultimately, on 10.5.2006 final order was passed making the conditional order absolute against the petitioners with direction to the petitioners to remove the obstruction within seven days.

(3.) ON the other hand, Mr. Patnaik vehemently contends that the learned Sub -Divisional Magistrate has rightly passed the impugned order and there is no illegality on the same. The Sub -Divisional Magistrate called for a report from the O.I.C. Pattamundai P.S. and on being satisfied passed the order under Section 133 Cr.P.C. The police report reveals that the disputed road is leading to Sadar road and the petitioners had intentionally obstructed the road by erecting fence over the same. The said report is also very clear that the opposite party and his family members are facing difficulties and their movements have been obstructed by the petitioners. It has also been mentioned in the report that there was possibility of law and order situation and also loss of human life. Considering the above facts, the Sub -Divisional Magistrate has rightly passed the order to make the conditional order absolute.