- (1.) BY this application under Section 482 Cr. P. C. Mangal and four others pray that the proceedings initiated against them under Section 133 Cr. P. C. and the conditional order passed thereon dated 11th May, 1976 as also the direction issued under Section 142 Cr. P. C. on 15th May, 1976 be quashed.
(2.) ONE Babu Ram filed an application In the court of Sub-divisional Magistrate, Sikandrabad on 10th May, 1976 praying that proceeding under Section 133 Cr. P. C. be taken against the applicants who had made certain encroachment on the public way. Babu Ram put in another application under Section 142 Cr. P. C. mentioning that despite protest Mangal and others were continuing to make further construction and that they should be restrained from doing so. On both these applications the sub-divisional Magistrate made an order on 11th May, 1976 which read thus: Seen the papers and the eifidavit produced before me. Issue conditional! order Under Section 133 Cr. P. C. and injunction order Under Section 142 Cr. P. C. In pursuance of this order following notice under the signature of Link Officer was drawn up: Whereas an inquiry info the conditional order issued by me today is pending and it had been made to appear to me that you Mangat son of Nathuwa Liley Charfa Rati Ram sons of Mangal all residents of village Pali, P. S. Dadri have encroached upon the public way by raising wall in the public way No. 758 In village Pali. P. S. Dadri towards the east and south of your Gher and such constructions as also the obstruction is attended with such imminent danger of Injury of a serious kind to the public as to render necessary Immediate measures to prevent such danger or injury. I do hereby under the provision of Section 142 of the Cr. P. C. direct and require you forthwith to demolish the said wall from the said public way; pending the result of the enquiry.
(3.) LEARNED Counsel for the applicant contends that the orders dated 11th May, 1976 are not in accordance with law and are liable to be set aside.;