ASHA GULERIA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing the order dtd. 1/3/2025, passed by learned Sub Divisional Magistrate, Dharamshala, District Kangra, H.P. (learned Trial Court) and the proceedings initiated on the complaint of respondent Nos 4 to 6 under Sec. 133 of Cr. P.C. pending before the learned Trial Court. (Parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the complainants filed a complaint under Sec. 133 of Cr.P.C. for prohibiting the respondent No.1 /petitioner from interfering with the path leading from Bhandari's house to the house of Susheel Kumar and the removal of the iron gate and fencing constructed by the petitioner. It was asserted that the complainant and other persons were using the path starting from the house of Parkash Chand aand leading towards Bhandri's house, and thereafter to the house of Susheel Kumar. This path was cemented from time to time by the authorities. Gram Panchayat sanctioned an amount of Rs.10,000.00 in the year 2008 for the construction of the path comprised in Khasra No. 1255. The petitioner/respondent no. 1 has no concern with Khasra No.1255. She installed a gate over Khasra No. 1255 by saying that she was installing the gate to protect her land from stray animals. She affixed barbed wire on the roadside and obstructed the passage leading to the house of Dharmender Kumar and his family members. She is not allowing any person to cross the gate installed by her over Khasra No.1255. This is obstructing the public from using the public path. Hence, it was prayed that action be taken in the matter.

(3.) Learned Sub-Divisional Magistrate passed an order dtd. 1/3/2025, under Sec. 142(1) of Cr.P.C., directing the respondent No.1/petitioner to open the lock of the gate installed by her on the public path and remove the fencing wire during the pendency of the complaint.