BUDHWA Vs. STATE OF U P

JUDGEMENT

(1.) Instant application u/S. 482 Cr. P.C. has been moved by Budhwa and four others residents of Mohalla Shivpuri, Qasba Rampur, police station Rampur, district Saharanpur, against State of U.P. and opposite parties 2 to 9, who are private parties and are residents of the same Mohalla Shivpuri, for quashing the order dated 22-8-2005 passed by Upper Up Zila Magistrate in Criminal Case No. 7/2003-04, State v. Budhwa and others and order dated 21-9-2005 passed by learned Sessions Judge, Saharanpur in Criminal Revision No. 42 of 2005, Budhwa and others v. State of U.P. whereby a direction was made under Section 133 of Cr. P.C. directing the applicants to remove construction causing obstruction in public path situate in the aforesaid Mohalla Shivpuri.

(2.) Heard Sri Ashfaq Ahmad Ansari, learned counsel for the applicants, learned AGA and have gone through the record.

(3.) The facts of the case is that Dheer Singh and seven others of the Mohalla Shivpuri moved application in the Court of Sub Divisional Magistrate, Deoband, Saharanpur, on 15-7-2002 that they are residents of Mohalla Shivpuri. The opposite parties Budhwa and others are also residents of the same place. There is a public path of one meter in breadth to their house from outside. Budhwa and others illegally raised construction on a part of the public path land. It was being removed by the complainants on 14-7-2002 but the applicants-accused caused injuries with iron rods, lathis, ballam and knife and threatening was also extended by the applicants. On this a case under Section 133 Cr. P.C. was registered and report was called for from the police station concerned. On 29-7-2002 the learned Magistrate passed order to issue conditional order under Section 133 (1) Cr. P.C. Consequently notice was sent to the applicants, who filed their objection alleging that there was agreement deed in their favour, which related to 7-4-1986. The disputed land is part of Khasra No. 643, they are licencee of it and they have raised wall on their land and not on the public path.