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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Ram Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual dispute over blocked path adjacent to school playground. (Para 1 , 2 , 3 , 4) |
| 2. arguments on traditional use vs. school property rights. (Para 5 , 6) |
| 3. review of section 133 crpc for public nuisance removal. (Para 7 , 8) |
| 4. no s133 jurisdiction without public path proof and hearing. (Para 9 , 10 , 11) |
| 5. uphold sessions judge; petition dismissed. (Para 12) |
JUDGMENT :
Sandeep Sharma, J.
Instant Criminal Revision Petition, lays challenge to the order dated 6.3.2025, passed by the learned Sessions Judge, Mandi Division Mandi, Himachal Pradesh, in Criminal Revision No. 40 of 2024, titled as State of Himachal Pradesh and Anr. v. Ram Lal and Ors., reversing order dated 22.10.2022, passed by the Sub Divisional Magistrate Thunag, District Mandi, Himachal Pradesh, in file No. 25 of 2022 titled as Ram Lal and Ors. v. Principal Government Senior Secondary School Janjehli and Anr.
2. Precisely, the facts of the case as emerge from the pleadings as well as documents adduced on record by the respective parties are that petitioners and proforma respondent No.3 herein filed an application under Section 133 of CrPC in the court of Sub Divisional Magistrate, Thunag, praying ther
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 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.
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....
Constructing a wall on public land constitutes nuisance; summary proceedings under Section 133 Cr.P.C. require no formal notice for local investigations.
Jurisdiction under Section 133 of the CrPC applies only to public paths; absence of a conditional order invalidates proceedings.
The supervisory jurisdiction of the High Court under Article 227 does not allow it to act as an appellate court; it corrects errors only when a grave injustice occurs due to procedural violations.
Section 152 BNSS requires proper conditional order, evidence inquiry before absolutism; spot inspection invalid substitute. Cannot compel private land use for public projects without acquisition; pro....
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
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