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Judgment
S.K. Panigrahi, J
This matter is not in today’s list. On being mentioned, it is taken up through video conferencing mode.
This is an application under Section 401 of the Cr.P.C.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has filed this criminal revision assailing the order dated 30.11.2021 passed by the learned SDJM, Padampur in Crl. Misc. Case No.32
of 2020, whereby a direction was given to him to remove the obstruction from the public road in concern.
The learned counsel for the petitioner submits that the order passed by the learned Magistrate in the aforesaid case directing the removal of
obstruction on the public road is erroneous since the report of the Revenue Inspector has not clearly established that the obstruction was made by the
petitioner. In view of such fact, the order passed by the learned Magistrate is wrong.
Since an alternative remedy is available with the petitioner to approach the learned District Judge, Bargarh against the order impugned, he should
have approached the said court. However, he chose to approach this Court by way of the present criminal revision.
In view of the aforesaid facts, the petitioner is given liberty to approach the said forum against the order impugned, as early as possible, preferably
within a period of two weeks from today.
As an interim measure, the order passed by the learned SDJM, Padampur on 30.11.2021 in Crl. Misc. Case No.32 of 2020 shall not be given effect,
till the matter is taken up by the learned District Judge, Bargarh.
It is made clear that if the application is filed before the said court after fifteen (15) days from today, the interim order passed today shall not be
given effect to.
With the said observation, the criminal revision is disposed.
As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a print out of the order available in the
High Court’s website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide
Court’s Office Order dated 7th January, 2022.
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