- (1.) Rameshar Prasad and 21 others have challenged the order dated 18-6-1992 passed by Sub-Divisional Magistrate, Handia, Allahabad in case No. 20-A/37 of 1991-92 under Section 133 Code of Criminal Procedure whereby it was directed that those proceedings would remain stayed until the parties get their rights determined under Section 137(2) Code of Criminal Procedure.
(2.) The small facts are that the applicants made a grievance on 15-9-1989 before the Sub-Divisional Magistrate that opposite party Jang Bahadur and others have made illegal construction on a public path way and that has caused obstruction which should be removed. A conditional order was passed by the Magistrate on 21-5-1990 calling for a report from the Naib Tehsildar. After the service of the conditional order on the opposite party they filed their written statement on 23-7-1990. A police report was also called which is dated 2-12-1990 on considering the materials the Magistrate passed final order on 13-3-1991 to the effect that the illegal construction should be removed forthwith.
(3.) Aggrieved by the aforesaid order dated 13-3-1991 a revision was preferred before the Sessions Judge in which a final order was passed on 22-11-1991 whereby the revision stood allowed and the matter was remanded to the Magistrate's Court. The final order in the revision reads as follows: The revision application is hereby allowed The order passed by the learned Magistrate is hereby set aside and the case is remanded back to him for disposal afresh in accordance with law after affording the parties to adduce evidence both under Sections 137 and 138 Code of Criminal Procedure. The parties are directed to appear before the learned Magistrate on 12-12-1991. Sd. R.S. PandeyIII Addl. Sess.Judge, Allahabad22-11-1991.;