STATE OF MADHYA PRADESH Vs. PHODAL HIRA

JUDGEMENT

(1.) THIS case has been referred by Raina J. under Sub-rule (2) of Rule 9 of Chapter I of the High Court Rules, for decision of the following questions:

(2.) THE facts which have given rise to this reference are simple. An order under section 147 Cr. P. C. has been passed by the Sub-Divisional Magistrate P. R. Datar. in Misc. Cr. Case No. 183 of 1965 against Phodal and five others on the application of one Khema directing them to clear the way of Khema to his field No. 1347 from between the fields of Kh. Nos. 4346 and 4347 through the Medh. Phodal and four others went up in revision to the Sessions Judge. Bhind, against the order of the said S. D. M. and he concurred with the conclusions of the S. D. M. in holding that Khema has a right of way through the medh of Kh. Nos. 4346 and 4347 and also that the medh has been disturbed by Phodal and others. The obstruction that has been created by Phodal and others has been ordered to be removed so that Khema can go to his field unobstructed as he had been doing all these years.

(3.) THE learned Addl. Sessions Judge, however, did not agree that the Sub-Divisional Magistrate could pass a positive order directing the removal of the obstruction. According to the learned Addl. Sessions Judge, it was beyond the jurisdiction of the Magistrate. The Addl. Sessions Judge, Bhind, therefore, referred the matter to the High Court with the recommendation that the order of the a. D. M, being without jurisdiction be quashed and set aside.