1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 6.8.2002 passed by the learned Sessions Judge, Jehanabad by which he has dismissed the revision application bearing No. 49/2000 confirming the order dated 18.5.2000/24.5.2000 passed in Case No. 189 (M) 99 by Sub-divisional Magistrate. Arwal, District Jehanabad directing the petitioner to remove the structure found on plot No. 5821, failing which it may be removed by the aid of the armed force.

2. Heard.

3. It appears that the petitioner filed a petition before the S.D.M., Arwal alleging there in that the opposite party had fixed a humepipe in the public canal bearing plot No. 220 at village Purakothi as a result of which there had been accumulation of water by the side of the wall executed on his plot Nos. 386/5821 and 366 and there was a danger of the falling down of wall. It was also alleged that on account of accumulation of water there was chance of outbreak of epidemic disease affecting the health of the people. The petitioner hence prayed therein for initiating a proceeding under Section 133, Cr PC. The learned S.D.M. initiated a proceeding under Section 133, Cr