Petitioner filed a CrPC revision against an order making a rule 133 application absolute, alleging drain closure due to encroachment. Court found no error in lower court ruling making rule 133 absolute against encroachment, dismissing revision.
Revision application failed and was dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1393 of 2015
Bhola Kumar alias Chhote, s/o Amar Prasad Sharma, r/o Punjabi Muhalla, Near Namkum Station, P.O. & P.S. Namkum, Dist. Ranchi
… … Petitioner
Versus
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : Mr. Sanjeet Nayak, Advocate For the State : A.P.P. ---
04/12.03.2018 Heard Mr. Sanjeet Nayak, learned counsel appearing for the petitioner and learned A.P.P. for the State.
This application is directed against the order dated 04.09.2015 passed by the S.D.M. Sadar, Ranchi in Case No. M – 1247 of 2015 by which the application preferred by the opposite party no. 2 under Section 133 Cr.P.C. has been made absolute.
It appears that an encroachment has been made pursuant to which the drain has been closed. This fact has also been admitted by the petitioner. There was apparently nuisance created on account of such encroachment and, therefore, the S.D.M., Sadar, Ranchi had rightly made rule absolute against the petitioner in a case instituted under Section 133 Cr.P.C.
There being no reason to differ with the impugned order dated 04.09.2015 this application fails and the same is, hereby, dismissed.
(Rongon Mukhopadhyay, J.)
Umesh/-
1 issue framed by the court
Whether the CrPC Revision application challenging the order making rule 133 absolute should be allowed.
1 provisions across 1 enactments
Bhola Kumar alias Chhote
The State of Jharkhand
Jitendra Khanna
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
