LAWS(HPH)-2008-8-4

BALAK RAM Vs. RASIL SINGH

Decided On August 21, 2008
BALAK RAM Appellant
V/S
RASIL SINGH Respondents

JUDGEMENT

(1.) BY means of this petition preferred under section 482 Code of Criminal procedure, read with Article 227 of the Constitution of India, the petitioner has challenged the order dated 15. 7. 2005 passed by the learned Additional Sessions Judge (1), kangra at Dharamshala, dismissing his revision petition filed against the order dated 23. 7. 2003, passed against him by the Sub divisional Magistrate, Jaisinghpur, District kangra in Case No. 7/iv/2q03 under Section 147 of the Code of Criminal Procedure, in short the Code.

(2.) THE facts giving rise to the present petition can. be stated thus. On 13. 1. 2003, the respondents Nos. 1 and 2 herein moved a complaint under Section 133 of the Code in alternative prayed action under Section 147 of the Code for issuing appropriate direction directing the petitioner herein to remove the obstruction caused by him in the exercise of right of user of public, path, situated in Khasra No. 1041 in portion. A to A and B to B of the tatima enclosed, in Mohal solebanehar, Mouza Labagaon, Tehsil jasinghpur, District Kangra, H. P. by putting into its original shape/position by constructing a protection wall and prohibiting him from causing any obstruction or interference with the exercise of such right of applicant and public in general.

(3.) ON 17. 3. 2003, the application was put up by the Sub-Divisional Magistrate, for regular hearing. The complainant/respondents were present along with the counsel and straightway a notice under Section 147 of the Code was ordered to be sent to the respondent without recording any satisfaction about the existence of breach of peace and the case was fixed for presence of the petitioner on 27. 3. 2003.