Court No. - 72
Case :- APPLICATION U/S 482 No. - 2901 of 2019 Applicant :- Smt. Ahilya And Anr Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
The applicants by means of this application under Section 482 Cr.P.C. are challenging the order dated 14.9.2018 passed by the Additional Sessions Judge/F.T.C. New, Chitrakoot in Criminal Revision No.64/2017, (Pramod & Ors. Vs. Satya Narayan & Ors), whereby the criminal revision has been rejected and the order dated 30.6.2017 passed by learned S.D.M. Manikpur, Chitrakoot in Case No.02/2015 (Satya Narayan & Ors Vs.Pramod & Ors.), under Section 133 Cr.P.C. P. S.- Manikpur, District-Chitrakoot, which has been affirmed by the order dated 14.9.2018.
Learned counsel for the applicants submits that neither the Sub Divisional Magistrate, Manikpur nor the revisional court has considered the submissions made by the applicants as well as the documents produced by the applicants.
I have perused the orders dated 30.6.2017 and 14.9.2018. Both the impugned orders have specifically mentioned that the land in question has been used as a pathway for the last many years and for sometime, the applicants are using it as a place for keeping their animals and objecting the pathway.
The proceedings under Section 133 Cr.P.C. is for the purpose of maintaining peace to remove public nuisance. By the impugned orders, the learned Additional Sessions Judge has rightly exercised power under Section 133 Cr.P.C. and there is no material to show that the orders are illegal.
In view of the above, the application is rejected.
The applicants are at liberty to pursue their civil rights, if so advised.
Order Date:-28.2.2019-SB