ASHOK KUMAR Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This criminal revision petition under section 397 read with section 401 CrPC has been preferred by the petitioner against the order dated 25.07.2013 passed by learned Additional Sessions Judge, Sumerpur, District Pali (for short 'the revisional court' hereinafter) in Criminal Revision No.25/2012, whereby the revision petition filed on behalf of respondent Nos. 3 to 6 has been allowed and the revisional court has set aside the order dated 09.07.2012 passed by the Sub- Divisional Officer, Sumerpur, District Pali (for short 'the trial court' hereinafter) in Cr.Case No.10/2010.

(2.) Brief facts of the case are that the petitioner along with three other persons has filed a complaint against the Municipal Board, Sumerpur (for short 'the Municipal Board' hereinafter) under section 133 CrPC before the trial court with the averment that there exists a lane adjoining to the main market in town Sumerpur and the same is a business street, which leads to Vishvakarma Dharmshala. It is further contended that in the said street, the house of sitting Member of Municipal Board is situated and the said Member for her convenience and for the inconvenience of other residents made an attempt to obstruct the street by installing iron pillars resulted in narrowing down the road. It is further contended that on 18.08.2010 at about 11:00 A.M. the employees of the Municipal Board came to place iron pillars, however inhabitants of the street have resisted but the Municipal Board has obstructed the road by placing iron pillars. Before the trial court, the respondent Nos.3 to 6 filed an application for being impleaded as party but the same was rejected vide order dated 24.09.2010. However, in a revision petition preferred on behalf of the respondent Nos. 3 to 6, the revisional court vide ordr dated 18.11.2010, directed the trial court to implead the respondent Nos. 3 to 6 as party and also directed to decide the proceedings under section 133 CrPC after providing opportunity of hearing to all the parties.

(3.) The trial court called for the report from the Station House Officer, Police Station, Sumerpur and after receiving the same, recorded the evidence of the parties and vide order dated 09.07.2012, allowed the application filed on behalf of the petitioner and other persons and directed to remove the obstructions placed on the public way.