NANGA Vs. PHOOL SINGH

JUDGEMENT

(1.) THIS is an application in revision and arises out of the proceedings under sec. 147 of the Code of Criminal Procedure.

(2.) ON 20th December, 1961 Phoolsingh and Rup Singh made an application before the Sub-Divisional Magistrate, Fatehpur alleging that their right of way to their Baras in Khasra Nos. 113 and 114 through Khasra Nos. 116 and 117 has been obstructed by Nanga and others and a breach of the peace was apprehended. They prayed that the said obstruction be removed. The learned Sub-Divisional Magistrate after recording the statements of the applicants and perusing the documentary evidence produced by them passed an order on 14th January, 1962 requiring the parties to put in their written statements of their respective claims and also to produce all documentary evidence. Nanga and others filed their written statements denying the right of way of the applicants through Khasra Nos. 116 and 117. No witnesses were examined by the parties before the Sub-Divisional Magistrate and both of them submitted affidavits in support of their claims. Learned Sub-Divisional Magistrate in fact permitted them to lead evidence by affidavits as would be clear from his order dated 1st February, 1962. He then considered the affidavits of the parties and documentary evidence produced by them and passed an order prohibiting Nanga and others from interfering with the right of way of the applicants to their Baras through Khasra Nos. 116 and 117 during the time there were no crops on Khasra Nos. 116 and 117. A revision was preferred against this order to the court of the learned Additional Sessions Judge, Sikar but the same was rejected.