Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Pardhan Singh Jhouta – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The present petition is directed to quash the order dated 25.7.2023, passed by the learned Sub Divisional Magistrate(SDM), Jubbal and the proceedings pending against the petitioner.
2. Briefly stated, the facts giving rise to the present petition are that a report was made to the Deputy Director, Animal Husbandry with a copy to Pradhan, Gram Panchayat, Dhar stating that Pradhan Singh-respondent had obstructed the passage leading to the dispensary which was causing difficulty in approaching the dispensary. The respondent claimed that the land belonged to him; however, the land had been used as a passage by the public for 30-35 years. There is no alternative passage to the public. Secretary, Gram Panchayat wrote a letter to SDM, Jubbal stating that the passage was blocked, which was causing difficulty to the staff employed in the dispensary and the public. A request was made to take suitable action.
3. This letter was placed before the SDM with the noting made by the Reader. Learned SDM passed an order to seek a report from the Kanungo, Jubbal on the issue within three days. Field Kanungo submitted a report that he had carried out the demarcation and fou
The court emphasized that a conditional order under Section 133 of Cr.P.C. is mandatory for initiating proceedings, and failure to comply renders subsequent actions invalid.
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
Section 133 CrPC inapplicable to create passage on government playground absent proof of public way and hearing to owner; violates natural justice; civil suit appropriate remedy for passage rights.
The main legal point established in the judgment is the scope and procedure of Sec. 133 of Cr.P.C. in addressing public nuisance and the requirement for recording reasons for administrative decisions....
The main legal point established in the judgment is the strict interpretation and application of Section 133 of the Code of Criminal Procedure, emphasizing the need for eminent danger to the property....
Jurisdiction under Section 133 of the CrPC applies only to public paths; absence of a conditional order invalidates proceedings.
Removal of nuisance – If a proceedee does not perform act as warranted by conditional order or fails to appear and show cause against conditional order, he shall be liable to prosecution under Sectio....
The High Court can exercise inherent powers under Section 482 of the Criminal Procedure Code to rectify jurisdictional errors, even when a second revision is barred under Section 397(3).
The main legal point established in the judgment is the importance of following the prescribed legal procedures under Section 133, Section 137, and Section 138 of the Cr.P.C. in cases involving publi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
