JAT RAM Vs. STATE OF U.P.
LAWS(HPH)-1997-7-9
HIGH COURT OF HIMACHAL PRADESH
Decided on July 04,1997

JAT RAM Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

R.L.KHURANA,J. - (1.)THE petitioner, Jat Ram, has directed the present petition under Article 227 of the Constitution of India, for the setting aside of the order dated 9.1.1995, passed by the Sub-Divisional Magistrate, Kangra, in Case No. 109-IV/92 and the order dated 30.9.1996 of the learned Additional Sessions Judge (2), Kangra at Dharamsala, passed in Criminal Revision No. 6-K/10 of 1995, and for quashing the proceedings under Section 133, Code of Criminal Procedure initiated against him and respondent No. 3, Smt. Savitri by respondent No. 2, Jago Ram.
(2.)JAGO Ram, abovenamed, presented a complaint purporting to be under Section 133, of Criminal Procedure against the petitioner and respondent No. 3, Smt. Savitri before the learned Sub Divisional Magistrate, Kangra. It was averred that the public path in Khasra No. 450 in village Sahaura, had been blocked by the petitioner and respondent No. 3, Smt. Savitri as a result he had been deprived of its user for bringing water and cattle. The complaint was referred by the learned Magistrate to the police for enquiry on 20.4.1992.
The enquiry was conducted by ASI Prakash Chand of Police Station, Kangra. It was reported on 20.6.1992 that the petitioner and Smt. Savitri had blocked the path of respondent No. 2 Jago Ram as a result, the latter had been put to inconvenience inasmuch as it was not possible for him either to bring water from the "Baoli" (water source) or to take and bring cattle. It was also reported that on an earlier occasion as well a similar complaint was received from respondent Jago Ram, which on enquiry was forwarded to the Court and the decision thereon was awaited.

(3.)THE learned Magistrate on 30.7.1992, after recording his satisfaction that the petitioner and Smt. Savitri had blocked the path of respondent No. 2, Jago Ram, directed the issuance of a notice to the petitioner and respondent No. 3, Smt. Savitri for 25.8.1992, calling upon them to remove the blockade (nuisance) to the path within two days from the date of service of notice and also to show cause before the court.


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