ABDUL WAHOOD KHAN Vs. WAIID KHAN

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 6.8.2002 passed by the learned Sessions Judge, Jehanabad by which he has dismissed the revision application bearing No. 49/2000 confirming the order dated 18.5.2000/24.5.2000 passed in Case No. 189 (M) 99 by Sub -divisional Magistrate. Arwal, District Jehanabad directing the petitioner to remove the structure found on plot No. 5821, failing which it may be removed by the aid of the armed force.

(2.) HEARD .

(3.) IT further appears that the learned S.D.M. heard the parties and as the three cases relating to obstruction of flow of water of the canal were pending he amalgamated two other cases with Case No. 189 (M)/99 and he was satisfied that previously the water used to flow through plot No. 5821 but as the petitioner had errected a wall in plot No. 5821 by the side of a humepipe in plot No. 220 in July, 1999 since then the flow of water was obstructed as a result of which there was serious tensions in the village and there was great possibility of loss of life and property. The learned SDM hence passed a conditional order under Section 131, Cr PC on 18/24.5.2000 directing the petitioner to remove the structure of plot No. 5821 within three days with a further direction that if the structure was not removed by that time, the same would be removed by the administration. The petitioner was also directed as provided under Section 135, Cr PC to file show -cause, if any, by 27.5.2000 against the order.