Sanjay Kumar Singh, J. - (1.) Heard Sri Ashok Kumar Sharma, learned counsel for the revisionists and Sri Sushil Kumar Pandey, learned counsel for the opposite party no.2 and learned A.G.A on behalf of the State and perused the record.
(2.) The brief facts of the case is that on the complaint of opposite party no.2 registered as Complaint Case No.36 of 2012, under section 70 of Northern India Canal and Drainage Act 1973, a criminal proceeding was initiated against the revisionists Har Swaroop, Charan Singh, Manvendra Singh and Banti before the Court of Special Judicial Magistrate, Lower Mat Branch, Khand Ghanga Nahar, Mathura. The revisionists were convicted by the judgment and order dated 22.11.2014 of Special Judicial Magistrate (Second Class), Lower Mat Branch Division Gang Nahar Mathura sentencing them with a fine of Rs.50/- each, and in default of payment of fine they were directed to serve simple imprisonment of seven days also. The revisionist aggrieved by the aforesaid order dated 22.11.2014 preferred Criminal Appeal No.02 of 2016 before Additional Session Judge, Court No.1, Mathura, which has been rejected as not maintainable conferring the judgment and order dated 22.11.2014 of the trial court.
(3.) In view of above, this revision under Section 397/401Cr.P.C. has been filed by the revisionists against judgement and order dated 22.11.2014 passed by Special Judicial Magistrate (Second Class) Lower Mat Branch Division Gang Nahar Mathura and the judgement and order dated 27.02.2017 passed by Additional Session Judge, Court No.01, Mathura in Criminal Appeal No.02 of 2016 (Har Swaroop and others vs. Har Pal Singh and another) whereby appeal of the revisionists has been dismissed as not maintainable confirming the aforesaid judgement and order dated 22.11.2014.;