SAHIDA BEGUM Vs. SARIFUDDIN AHMED

JUDGEMENT

(1.) This petition is directed against the judgment and order dated 12-3-97 passed by the learned Sessions Judge, Kamrup in Criminal Revision No. 68/95 setting aside the order dated 8-6-95 passed by the Executive Magistrate, Rangia dismissing the Case No. 256m/87 u/S. 133, Cr. P.C. The learned Sessions Judge remanded the case to the learned Magistrate for disposal in accordance with law.

(2.) I have heard Mr. R. P. Sarma, learned counsel for the petitioner second party as well as Mr. R. C. Saikia learned counsel for the respondent first party assisted by respondent first party No. 1 Mr. Sarifuddin Ahmed appearing in person.

(3.) Though Section 133, Cr. P.C. is intended to provide a speedy and summary remedy, the instant case has a very long and chequered history. More than 13 years ago, on 13-7-87 the first party filed a petition u/S. 133, Cr. P.C. before the Additional District Magistrate, Kamrup alleging, inter alia, that since 1965 first party had been using the public path leading from PWD N.T. Road of Ward No. 4 of Rangia Town to their residences having no alternative path, and that the second party had narrowed down the path by constructing a pucca wall overnight on the plea of obtaining permission for such construction from Rangia Municipal Board. After receiving the aforesaid petition from the Additional District Magistrate, Kamrup, the learned Sub-Divisional Judicial Magistrate, Rangia dismissed the same by his order dated 13-10-87 which reads, inter alia,