SANJANA KUMARI Vs. DHARMENDER ALOAS DHARAM SINGH

JUDGEMENT

(1.) The petitioners have filed the present petition against the judgment dtd. 18/11/2023, passed by the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P. (learned Revisional Court), vide which the order dtd. 19/11/2016, passed by the learned Sub Divisional Magistrate, Sundernagar, District Mandi, H.P. (learned Trial Court) was set aside. (Parties shall hereinafter be referred to in the same manner as they were 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 before the learned Sub Divisional Magistrate, Sundernagar, District Mandi, H.P., asserting that a road was constructed under MGNREGA. The respondents erected barbed wire and obstructed the road. The complainants requested the respondents to remove the obstruction, but in vain. Hence, the complaint was filed before the Court.

(3.) Learned Sub Divisional Magistrate sent the complaint to the Station House Officer (SHO) for investigation, who submitted a report that the respondents had erected a barbed wire and did not remove it despite persuasion of the panchayat officials. Hence, the case under Sec. 133 of CrPC was made out.