RAM NARESH SINGH Vs. MUNI SINGH YADAV

JUDGEMENT

(1.) THIS revision is directed against the order dated 24th April, 1990 of the 10th Additional Sessions Judge, Bhojpur at Arrah.

(2.) IT appears that on the application of the opposite party no. 1, the Sub -divisional Magistrate, Buxar initiated a proceeding under Section 133. Cr. P.C. against the applicants and the opposite party nos. 2 and 3. He passed a conditional order in pursuance of which the applicants and opposite party nos. 2 and 3 appeared before him and denied the existence of any public right in respect of way. They were directed to lead evidence in support of their denial. Accordingly, they led evidence in support of their claim. The Executive Magistrate after considering the evidence of the applicants and the opposite party nos. 2 and 3 came to the conclusion that there existed no public right in respect of the way and accordingly, dropped the proceedings on 10.11.1986. The opposite party no. 1 filed revision before the Sessions Judge, Bhojpur at Arrah which was allowed by the 10th Additional Sessions Judge on 24.4.1990. Feeling aggrieved the applicants have filed this revision.

(3.) HEARD the learned counsel for the applicants and perused the record. None has appeared on behalf of the opposite parties.