By means of this petition under Section 482, Cr.P.C. orders dated 8.1.2010 and 12.1.2010 passed by the S.D.M., Faridpur, District Bareilly, under Section 133(1), Cr.P.C. have been challenged. Heard Mr. Subodh Kumar, learned counsel for the applicant, learned AGA and perused the record.
It has been argued by Mr. Kumar that the proceedings with regard to the Wall and also with regard to the Girder were not maintainable and therefore, the orders should be quashed.
For deciding this application I do not feel it proper to enter into the merits of the case as in my opinion the proceedings under Section 482, Cr.P.C. should not be entertained when there is an opportunity to the applicant to agitate his grievance before the concerned authority i.e. the S.D.M. for which the S.D.M. had fixed a particular date. Accordingly, petition is finally disposed of with a direction to the court concerned to decide the matter in controversy as early as possible preferably within a period of 30 days from the date of the presentation of the certified copy of the order.
Order Date :- 25.1.2010 T. Sinha