TULSI RAM Vs. ROSHAN LAL

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') has been filed by the petitioners for setting aside the order dated March 31, 1997 passed by the learned Sub Divisional Magistrate, Jagadhri and order dated March 23, 1999 passed by the learned Additional District Judge, Jagadhri. A copy of the order dated March 31, 1997 has been appended as Annexure P.1 whereas the copy of the order dated March 23, 1999 has been appended as Annexure P.2 with the present petition.

(2.) IN an application filed by the respondents under Section 133 of the Code the claim made by them was that the petitioners had encroached upon a part of khasra No. 43//2. It is stated that the aforesaid khasra number was a public street and, therefore, the present petitioners had absolutely no right to encroach upon the same. On the other hand, the stand taken by the present petitioners was that had purchased the land comprised in Khasra No. 44 and had constructed their house. Their specific stand was that they had no concern with the area of Khasra No. 43//2.

(3.) THE petitioners have now approached this Court under Section 482 of the Code for setting aside the aforesaid orders.