SOHAN LAL Vs. MOHAN LAL

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge Simla recommending that the order passed by the Sub-Divisional Magistrate, Theog, on 5-1-1973, under the provisions of Section 133 of the Code of Criminal Procedure (shortly called the Code) directing the petitioners to close the holes of the wall of the house be quashed,

(2.) SOHAN Lal and others were constructing a house in their village Guma, Sub-Tehsil Kotkhai and on one side of that house adjacent to it was a public path. It is stated that in the wall of their house facing the public path they kept certain holes. Mohan Lal who was the complainant apprehended that such holes had been kept in that wall with the object of resting beams for covering the public path and he accordingly moved an application under Section 133 of the Code in the Court of Sub-Divisional Magistrate, Theog, against Sohan Lal and others with the prayer to restrain them from proceeding with the construction of their house. It had also been contended therein that the petitioners had encroached upon the public path while constructing their house.

(3.) THE learned Sub-divisional Magistrate issued a preliminary order directing the petitioners to stop further construction of the house and to remove the material from the public path forthwith and also ordered them to show cause why that order should not be made absolute.