JOKHI RAM Vs. SUKHRAM

JUDGEMENT

(1.) The petitioners Jokhiram and Prabhu Ram have preferred this revision petition against the order dated 18 -12 -1975 passed by the Executive Magistrate, Kheri in -criminal proceedings under Sec. 133 of the Cr.P.C. 1898. The brief fact of the case are that the SHO Police Station Bhuwana submitted a complaint in the court of the S.D.M. Khetri under Sec. 133 Cr.P.C., against the non petitioners Nos. 1 to 5 on the allegation that the house of one Hari Ram son of Bishna Ram (sic) is situated in village Navara and infront of his house there is a chowk where the rainy Water from the adjoining hill and the water of the adjoining house collects. It was further alleged that the non -petitioner's Nos. 1 to 5 have blocked the channel of the water which should be got opened.

(2.) The learned S.D.M. Khetri passed a condition order on 16 -2 -1970 and the non petitioners Nos. 1 to 5 were given notice with the direction that they Should remove obstruction from the water channel within a period of 7 days and if they had any objection, they should show cause. The non petitioners filed their reply to the notice and denied the allegation. The learned Magistrate disbelieved the case of the complainant but curiously enough he passed the impugned order dated 18 -12 -1975. In the impugned order it was ordered that Hari Ram will pass his water through the house of the petitioners. Aggrieved by the aforesaid order of the learned Executive Magistrate the petitioners have come before this Court in revision.

(3.) I have hear the learned counsel for the petitioner and the learned Public Prosecutor and have gone through the record of the case.