Vishambhar Singh vs Mulayam Singh

The applicants have filed this petition under Section 482 of Cr.P.C. being aggrieved by the order dated 27.10.2018 passed by Sixth Additional Sessions Judge, District Bhind in Criminal Revison No.126/2018 (Vishambhar Singh vs. Mulayam Singh), whereby the matter has been remanded to the Court of Sub-Divisional Magistrate, Bhind.

The facts giving rise to filing of the present petition are that the respondent submitted an application before the Collector by mentioning that the present petitioner has encroached the C.C. Road illegally and, therefore it is causing difficulty to the petitioner to pass his tractor trolley through the said road. In turn, the Collector Bhind sent the application before SDM Bhind with a direction to take initiative in accordance with Section 133 of CrPC. The SDM Bhind registered the said application as Case No. 177/2017x133 CrPC. After due enquiry, the SDM Bhind found that there is encroachment made by the petitioner over the CC road and directed for removal of encroachment vide order dated 20. 3.2018. The petitioner challenged the said order of SDM by filing the revision before the Sessions Judge Bhind, who allowed the revision and remanded the matter by directing the SDM Bhind to decide the application preferred by the respondent dated 15. 3.2018 and pass the order in accordance with law after affording opportunity of hearing to the parties concerned. Against which, the present petition has been filed by the petitioner under Section 482 of CrPC.

It is submitted by learned counsel for the petitioner that opportunity of hearing was not given to the petitioner at the time of passing the order dated 20.3.2018 by SDM, Bhind. It is also submitted that as due process of law is not adopted by the SDM, therefore, prayed to quash the order passed by the SDM, Bhind in Case No. 177/2017x133 CrPC.

Per Contra, learned counsel for the respondent opposed the submissions and prayed for dismissal of the petition on the ground that the SDM, Bhind after due enquiry and considering all the facts found encroachment made by the petitioner.

Heard learned counsel for the parties and perused the record.

On perusal of the order dated 20.3.2018 passed by Sub-Divisional Magistrate, Bhind, it is evident that in the order itself it is specifically mentioned that initial enquiry was made by Revenue Inspector, thereafter, in the last para of the order it is specifically mentioned that before passing the order, SDM has taken into consideration the documents produced by the parties as well as enquiry made by the concerned authority. Besides that, it is apparent from the record that the petitioner was found encroacher, hence the action was taken by the SDM, Bhind. As the petitioner is found to be encroacher, hence his rights cannot be protected in exercise of the powers under Section 482 of CrPC.

In view of the aforesaid, this petition under Section 482 of CrPC has no substance and is accordingly dismissed. The order passed by the SDM, Bhind in Case No. 177/2017x133 CrPC is hereby affirmed.