M.A.A.KHAN, J. - (1.) THIS is a petition Under Section 42 Cr. P.C. against the order dt. 23.11.92 passed by the learned Sub Divisional Magistrate, Ratangarh Under Section 136 making his conditional order passed Under Section 133 Cr. P.C. absolute as also against the order dt. 7.3.96 whereby the learned S.D.M. closed the opportunity to the petitioner to file a reply to the notice issued Under Section 141 Cr. P.C.
(2.) THE sad story, which this petition tells, is like this. On a complaint filed by S.H.O. Police Station, Sujangarh Under Section 133 Cr. P.C. before the S.D.M., Ratangarh alleging therein that the petitioner had mae unlawful obstruction or nuisance in the way of a water course as also the use by the village cattle of public land around a well situate in Khasra plot No. 190 Toliyasar, the learned S.D.M., Ratangarh passed a conditional order on 19.3.90 requiring the petitioners to remove such obstructions or nuicense or in case they objected so to do, to appear before him to show cause as to why the order should not be made absolute. Despite several opportunities given to the petitioner he does not appear to have submitted his objections before the learned Magistrate. The conditional order passed on 19.3.90 was therefore, made absolute on 23.11.92.
(3.) IT may be stated here that instead of filing his objections before the learned Magistrate, the petitioner chose to approach the revisional court against the justification of making the conditional order on 9.3.90 by the learned Magistrate. Such efforts of the petitioner are reported to have failed.;