RANJANA PATIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant application the petitioner has prayed for quashing of the Judgment/order dated 14-8-2002 passed by the 7th Additional Sessions Judge, Dhanbad in Cr. Rev. No.521 of 1998 filed by the petitioner whereby the learned Sessions Judge dismissed the revision application and confirmed the order dated 9-3-1998 passed by the learned Sub-Divisional Magistrate, Dhanbad in M.P. case No. 1995 of 1993 in a proceeding under Section 133, Cr.P.C. directing the second party i.e. petitioner herein to clear the drain within one week which was blocked by the petitioner causing public nuisance.

(2.) The facts in short giving rise to this application are that Smt. Prema Jha opposite party No. 2 herein filed an application before the Officer-in-charge of Dhanbad police station alleging therein that Smt. Ranjana Paul and her husband, who are the next door neighbour of her, have obstructed the flowing of municipal drain due to which dirty and rain wasters have started accumulating causing public nuisance.

(3.) The learned Sub-Divisional Magistrate initiated a proceeding under Section 133, Cr.P.C. on the basis of the enquiry report of the Officer-in-charge of the said police station and then after enquiring the matter, the learned Sub Divisional Magistrate in exercise of his power under Section 133, Cr.P.C. passed an order against the petitioner/second party holding that the disputed land in which the alleged drain situated is a public land and therefore, direction was given to remove the obstruction within one week. Against the order of the Sub Divisional Magistrate the petitioner filed Cr. Rev. No. 52 of 1998 before the Sessions Judge, Dhanbad. which was heard by the Vllth Additional Sessions Judge, Dhanbad and by his order/ Judgment dated 14-8-2002 the said Cr. Revision application of the petitioner was dismissed on merit after hearing the parties.