LALU RAM Vs. RAMURAM & ORS.

JUDGEMENT

(1.) By this Criminal Misc. Petition under Section 482 Cr.P.C, the petitioner has challenged the order dated 9.12.2002 passed by Additional Sessions Judge, Parbatsar (for short 'the Revisional Court') in Criminal Revision No.8/2000 whereby the Revisional Court dismissed the revision petition filed by the petitioner against the order dated 1 1.5.2000 passed by Sub Divisional Magistrate, Parbatsar (for short, 'the Executive Magistrate') on an application fired by respondent Ramuram under Sections 133 and 142 Cr.P.C. Aggrieved by the orders of the courts below, the petitioner has filed the instant criminal misc. petition.

(2.) The facts and circumstances giving rise to the instant petition are that the respondents No. 1 to 3 filed an application before the Executive Magistrate under Sections 133 and 142 Cr.P.C., inter alia alleging therein that the way which is being used by the petitioner through Govt. land has been blocked by erecting fencing-wall. On notice being served on the petitioner and others, a reply to the application was filed denying the respondents to way. It was also stated that the alleged way which is being claimed by the respondents No.1 to 3 is a private way and the provisions of Sections 133 and 142 Cr.P.C. relate to the removal of public nuisance. Without considering this aspect of the matter, the Executive Magistrate vide order dated 11.5.2000, directed to remove the obstruction with the help of police. This order came to be challenged by the petitioner before the Revisional Court. The Revisional Court refused to interfere with the order passed by the Executive Magistrate.

(3.) I have heard learned counsel for the parties. I have carefully perused the application filed by the respondents under Sections 133, 142 Cr.P.C.