MD.AFTAB ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashment of the order dated 20.6.2007 passed by the Sessions Judge, Dhanbad in Criminal Revision No. 14 of 2007 by which the order dated 11.12.2006 passed by the Sub -Divisional Magistrate, Dhanbad was set aside in a proceeding under Section 133 Cr.P.C. in M.P. Case No. 1226 of 2003 with a direction to decide the proceeding afresh in the light of the evidence on record.

(2.) THE brief fact of the case was that the Opposite Party No. 2 (Allauddin Mansoori @ Mansuri) first party initiated a proceeding under Section 133 Cr.P.C. by filing an application before the S.D.M., Dhanbad for removal of public nuisance alleged to be caused by the petitioners second party which was registered as M.P. Case No. 1226 of 2003.

(3.) PURSUANT to such direction the S.D.M., Dhanbad allowed the parties to adduce their evidence and by the order dated 11.12.2006 dropped the proceeding with the finding that the lane in question was a private lane being used by the petitioners and the septic tank which was constructed was also on the land of the petitioners. It was observed therein that the dispute between the parties was of personal nature and that the general public had no concern.