GENERAL PUBLIC Vs. RISHI GUPTA

JUDGEMENT

(1.) Present petition has been preferred, invoking provisions of Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') against order dtd. 24/10/2018 passed in Criminal Revision No. 13-D/X of 2013 by Additional Sessions Judge-III, Kangra at Dharamshala, whereby order dtd. 8/4/2013 passed by Sub Divisional Collector, Dharamshala, District Kangra in Case No. 118 of 2010, has been set aside.

(2.) Brief facts of present case are that petitioner/complainant filed an application under Sec. 133 of Cr.P.C. before Sub Divisional Magistrate (SDM), against respondents, for removal of obstruction on the path, creating nuisance in Khasra No. 88, Khata No. 104, Kita No. 103 with entry 'Gair Mumkin Rasta', situated in Mohal Hodal, Mauza Ghaniyara, Tehsil Dharamshala, District Kangra, as recorded in the jamabandi for the year 2006-07.

(3.) After issuing notice to respondents and providing opportunity for their defence, considering the material on record, including field report of Assistant Collector 1st Grade (Tehsildar), Dharamshala, Sub Divisional Magistrate, by passing order dtd. 17/4/2013, allowed the complaint and directed the respondents to remove the obstruction of both sides of path of the land referred supra.