Uttaranchal Court June 2010 Judgments

Kanouj Dutta S/O Jagdish Dutta Vs. Brigadier K.S. Verma, Brigade Comma ...

Court: Uttaranchal

Prafulla C. Pant, J.1. These two revisions are connected with each other and are being disposed of together.2. Criminal Revision No. 996 of 2001 (old No. 1384 of 1996) is directed against order-dated 11.07.1996, passed by Sub Divisional Magistrate, Narendra Nagar. Criminal Revision No. 03 of 2000 (old No. 96 of 1998) is directed against the order-dated 29.11.1997, passed by the same authority. By both these orders the Magistrate has withdrawn notices issued under Section 133 of Code of Criminal Procedure, 1973, (for short Cr.P.C).3. The proceedings in question appear to have been initiated by the revisionists alleging that the respondents have closed the public path which is causing nuisance and as such the same is liable to be removed under Section 133 of Cr.P.C.4. Perusal of the impugned order shows that the alleged path way is a land of Ministry of Defence which is not a public path.5. Learned Counsel for the revisionists argued that on one side of the alleged public path, land is o...