Court No. - 45
Case :- APPLICATION U/S 482 No. - 46020 of 2018 Applicant :- Ram Murati Pal Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C has been filed to quash the impugned order dated 7.9.2018 passed by Additional Sessions Judge 9th Bareilly in Criminal Revision No. 428 of 2018 (Nanhey Seing Yadav and others vs. State of U.P. and another) under Section 133 Cr.P.C, Police Station Kila, District- Bareilly.
The argument is that the Additional City Magistrate (II), Bareilly had conformed the conditional order Under Section 133 Cr.P.C and had directed the opposite party Nos. 2, 3, 4, 5, 6 and 7 to remove the obstruction on the road in front of the house of the applicant. By the order dated 31.10.2011 the opposite party Nos. 3 to 7 preferred revision which has been allowed by the order dated 7.9.2018 remanding the case to the Magistrate to pass a fresh order in accordance with law within a period of 6 months. The revisional court had recorded the finding that the Magistrate has not recorded the findings considering the Khasara of plot No. 236/2 or the Khautani regarding the aforesaid plot in his order. He has also not got any report from the Nagar Nigam whether the land in dispute is the public passage or not.
Therefore it is expected that court below shall examine the issue regarding the nature of the passage in dispute. The order of the revisional court appears to be justified and calls for no interference.
However this application is disposed of directing the Magistrate concerned to pass a fresh orders in accordance with law as per the order of the revisional court dated 7.9.2018 within a period of six weeks from the date of production of certified copy of this order.
Order Date :- 18.12.2018 C. MANI