Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 19062 of 2011 Petitioner :- Ramesh Khanna Respondent :- State Of U.P. And Others Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- Govt. Advocate,S.K. Anwar
Hon'ble Siddharth,J.
Heard Shri Chetan Chatterjee, learned counsel for the petitioner, Shri S.K. Anwar, learned counsel for the respondents, learned A.G.A. for the State and perused the record.
This petition is directed against the order dated 23.7.2009 passed by the City Magistrate, Saharanpur in Crl. Case No. 3 of 2009 and judgement order dated 29.7.2011 passed by the Additional District Judge, Court No. 1, Saharanpur in Criminal Revision No. 407 of 2009.
The prayer for quashing of the orders have been made.Perusal of the order passed by the court below shows that petitioner was opposite party no.1 in the application under section 133 Cr.P.C. filed by the respondent nos. 3 to 11.The opposite party no.2 was M/s Reliance India Mobile Company. The order shows that court below has passed the conditional order either to remove the generator set and reliance tower or appear before the court on 7.8.2009 at 10 A.M. to show cause as to why the aforesaid order may not be made absolute.
Petitioner instead of appearing before the City Magistrate concerned preferred revision before the revisional court which was dismissed.. Petitioner should have preferred his objection before the City Magistrate concerned before approaching the revisional court or this court.
This petition is disposed of with the direction to the petitioner to approach before the City Magistrate, Saharanpur and file his objection to the conditional order dated 23.7.2009 within a period of one month from today.The City Magistrate concerned shall consider and decide his objection within a period of two months thereafter.Till the decision on the objection of the petitioner is taken, no harm shall be caused to his property.
The petition stands finally disposed of.
Order Date :- 17.9.2018 Atul kr. sri.