MANGESH S. PATIL, J.

1. Heard. Rule. The Rule is made returnable forthwith. Learned advocate for the respondents waives service of Rule. With the consent of both the sides the matter is heard finally at the stage of admission.

2. The original complainant is impugning the order passed by the learned Sessions Judge, Latur allowing the revision preferred by the respondent-accused impugning the order passed by the learned Magistrate in S.T.C.C. No. 1415 of 2014 taking cognizance under Section 204 of the Cr.P.C. and directing a process to be issued against the respondents for the offence punishable under Section 426 of the I.P.C.

3. The learned advocate for the petitioner vehemently submits that the right of the petitioner to air and light to his property has been materially affected by the construction carried out by the respondents over the adjoining plot and their such act of carrying out the constructions constitutes mischief within the meaning of Section 425 of the I.P.C. since it materially affects and diminishes petitioners valuable right to use his property.

4. The learned advocate Mr. Ashish P. Deshmukh h/f. S.S. Deshmukh for the respondents submits that the learned Magis