MADAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the present petition against the order dtd. 11/3/2019 passed by learned Additional Sessions Judge -II, Una, District- Una (learned Revisional Court) vide which the revision filed by the petitioners (respondents before the learned Trial Court) against the order dtd. 19/3/2018, passed by learned SDM, Una (H.P.) (learned Trial Court) in proceedings under Sec. 133 of Criminal Procedure Code ("in short Cr.P.C") was dismissed. (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 Ram Lal (complainant) filed a complaint under Sec. 133 Cr.P.C. for removing the public nuisance, i.e. the blockage of a public street. It was asserted that the complainant and the respondents are permanent residents of the village Abada Barana. The complainant has his residential abadi in village adjoining the public street. The Gram Panchayat constructed a pucca street and pucca drain/Nali to discharge the dirty and rainy water of the residents of the locality. The respondent, Madan Lal, blocked the flow of water by putting stones/bricks, etc. The water flows into the Courtyard of the complainant. The respondent, Naresh Kumar, placed a big underground pipe to divert the public street water/drain water towards the house of the complainant. The complainant requested the respondents to remove the public nuisance, but in vain. Hence, it was prayed that the necessary action be taken in the matter.

(3.) The complaint was forwarded to the Station House Officer (SHO), Una, for conducting an inquiry. SHO submitted a report asserting that Madan Lal & Naresh Kumar, etc., had stopped the flow of water by putting bricks/stones, etc. The Members of the Gram Panchayat had also requested the respondents to remove the obstructions, but in vain.