ARFAN ALI Vs. BINODE BIHARI DE AND ORS.

JUDGEMENT

(1.) (Oral) - This is an application under section 482, Crimial P.C. for quashing the order dated 12.4.83 of the Sessions judge, Cachar passed in CM 7(2) of 1933 and the order 7.4.83 passed by the sub-Divisional Magistrate (Executive), Karimganj under section 133 Crimial P.C. in Case No. 150 of 1982.

(2.) Facts. - The land of the petitioner Arfan Ali is contiguous to the opposite parties and both the lands being or lying low they used to be under water. Subsequently, the petitioner Arfan Ali developed his land to make it fit for cultivation by raising the level of land. As a result of it, land of the opposite parties has been under water. On these facts and circumstances of the case, the Sub-Divisional Magistrate exercising his powers under section 133, Crimial P.C. directed the petitioner provide a "Nalla" of 3ft width and 2ft depth to draw out the water from the land of the opposite parties. Against that order the present petitioner filed revision, CM 7(2) of 1983. The learned Sessions Judge rejected the petition. Hence, this petition.

(3.) The learned Sessions Judge without considering the scope of the provisions under section 133, Crimial P.C. rejected the petition on the ground that the order of Magistrate is reasonable and it cannot be said to have caused any prejudice to the petitioner.