DARSHAN RAM Vs. MALKIAT CHAND

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) relates to quashment of impugned order dated 12th of August, 1988 passed by the Sub Divisional Magistrate, Garhsbankar under Section 133 of the Code, (Annexure P1) as well as the impugned order passed in revision by Additional Sessions Judge, Hoshiarpur dated 14th of February 1989, (Annexure P2 ).

(2.) IN brief the facts relevant for the disposal of this case are that Malkiat Chand and others filed an application under Section 133 of the Code against the present petitioners that the latter had caused obstruction in the passage leading to their house and prayed for the removal of the said obstruction. The Sub Divisional Magistrate Garhshankar secured the presence of the opposite party which filed written statement. The learned Sub Divisional Magistrate, vide impugned order Annexure P1 made his preliminary order dated 13th of November 1987 absolute, directing the respondents to remove the obstruction from the passage withia 15 days. Aggrieved against the order of the Sub Divisional Magistrate dated 12th of August 1988, the present petitioners filed revision which, too, was dismissed by the Additional Sessions Judge Hoshiarpur vide impugned order dated 14th of February 1989 Annexure P 2.

(3.) COUNSEL for the parties were heard.