Criminal miscellaneous writ petition filed to quash orders regarding alleged obstruction in a public way. Court found no infirmity or illegity as SDM inspected and found no obstruction.
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Court No. - 28
Case :- CRIMINAL MISC. WRIT PETITION No. - 1522 of 2011
Petitioner :- Sharad Kumar Gupta Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Awadhesh Kumar Sharma Counsel for Respondent :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
List has been revised.
Learned counsel for the petitioner is not present to argue the case.
This petition has been filed to quash the order dated 22.4.2010 passed by the S.D.M., Phoolpur, Allahabad in Case No.61/29/22/18/5/15 of 1997 and judgment and order dated 1.12.2010 passed by the Additional Sessions Judge/F.T.C., Court No.20, Allahabad in Criminal Revision No.207 of 2010, Sharad Kumar Gupta Vs. Bhagwat Prasad & another and also to direct the S.D.M., Phoolpur to remove the obstruction made in the public way. Vide order dated 22.4.2010 application under Section 133, Cr.P.C. was rejected on the ground that there is no obstruction in the public way. Against this order Criminal Revision No.207 of 2010 has been filed by the petitioner, which was dismissed.
Perused the impugned order.
Learned S.D.M. has himself inspected the spot and found that there is no obstruction in the public way and accordingly passed the impugned order.
I find no infirmity or illegality in the impugned order. Petition is dismissed accordingly.
Order Date :- 25.5.2018 T. Sinha
Sharad Kumar Gupta
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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