1. Ranjit Singh has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the order dated 30-11-1994 (Annexure P. 1), passed by the Sub-Divisional Magistrate, Hissar, under Section 138 of the Code and the order dated 14-8-1995 (Annexure P. 2) passed by the Additional Sessions Judge, Hissar, whereby the order (Annexure P. 1) has been affirmed in revision.

2. The facts in brief are that Bhup Singh, respondent therein, moved an application under Section 133 of the Code before the Sub-Divisional Magistrate. Hissar, stating therein that he had been allotted a plot by the Consolidation Department in the year 1956 on which he had constructed his residential house. According to the averments in the application, there is a public thoroughfare in front of his said house which passage is being used by him for approaching his house, the drain water of his house and a drain pass through that lane and falls into the johar as the slant of the lane is towards the johar. It was alleged that Ranjit Singh, the petitioner herein. illegally encroached upon the shamlat land including the thoroughfare in question as a result of