AJIT KUMAR KESRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the first party petitioners and the learned counsel for the State, as also learned counsel for the second party opposite parties.

(2.) The first party petitioners are aggrieved by the order dated 23.7.2012 / 2.8.2012 passed by the learned Sub-Divisional Magistrate, Dhanbad, in M.P. Case No. 321 of 2011, in a proceeding under section 133 of the Cr.P.C., whereby in the application filed by the first party for removing of the obstruction erected by the second party on the way claimed to be used by the general public, it has been held that the general public had alternative way for use, and the way in question was not shown as public way in the map and accordingly, the application was rejected by the Court below.

(3.) The petitioners filed the application before the Court of learned Sub- Divisional Magistrate, Dhanbad, which was registered as M.P. Case No. 321 of 2011, wherein it is stated that the first party were residing in a locality behind Lal Kothi Market in the town of Dhanbad. It is stated that Lal Kothi Market is situated on both sides of a 16 feet wide P.C.C. road, which meets the general road and was used by the general public of the locality. Alleging that on 02.12.2010 the members of the second party obstructed the road by putting a wall and thereby, created nuisance which was necessary to be removed for maintaining peace in the locality, the application under Section 133 of the Cr.P.C., was filed by the first party petitioners.