- (1.) The petitioners have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution in challenging the order dated 15.4.2015 passed by the Sub Divisional Magistrate, Nakur in case no. 4/12 State vs. Mustaq and others under section 133 Cr.P.C., whereby the conditional order dated 2.1.2012 was confirmed as well as the order dated 29.6.2015 passed by the Sessions Judge, Saharanpur dismissing the revision.
(2.) The proceedings under section 133 Cr.P.C. were initiated on police report dated 10.12.2011. The Sub Divisional Magistrate passed a conditional order under section 133(1) Cr.P.C. on 2.1.2012 requiring the petitioners to remove the latrine and a sanitary pit constructed over a public road. The petitioners appeared and contested the proceedings. Petitioner no.1 in his denial statement, claimed that the land over which the latrine is in existence, is his private rasta and not a public one. It was further alleged that the land in question belonged to his ancestors.
(3.) In support of the denial, the petitioners examined several witnesses. The learned Magistrate by an order dated 15.4.2015 had confirmed the conditional order dated 2.01.2012. The revision filed against the said order has been dismissed.;