MOHD RAFIQ Vs. MOHAN LAL

JUDGEMENT

(1.) PETITIONERS have filed this petition seeking quashing of September 02, 2004 order of Judicial Magistrate Ist Class (Munsiff), Sunder Bani convicting and sentencing petitioners Mohd Rafiq and Ajay Pal Singh to a fine of Rs. 500 under Section 120 -B RPC and Rs. 5000 under Section 167 RPC each, and in default of payment of fine, to simple imprisonment for one month under Section 120 -B RPC, and six months under Section 167 RPC.

(2.) GRIEVANCES projected by the petitioners on facts is that the learned Magistrate had neither given any opportunity to them to project their defence nor to prove that the land which had been stated to be within the Municipal area, was in fact located outside the notified area. Projecting violation of law, they say that learned Magistrate had acted with bias by becoming judge in his own cause.

(3.) I have considered petitioners counsels submissions and perused the records of the learned Magistrate.