J.J. MUNIR, J.

1. This Criminal Misc. Writ Petition under Article 226 of the Constitution has been filed by the petitioner asking this Court to issue a writ, order or direction in the nature of mandamus to the Sub-Divisional Magistrate, Machhali Shahar, Jaunpur, respondent no.3 to enforce his order absolute, dated 31.12.2016 passed under Section 133 Cr.P.C. by requiring him to do that in pending proceedings under Section 141 Cr.P.C.

2. Heard Sri Raj Kumar Tripathi, learned counsel for the petitioner, Sri S.K. Pal, learned Government Advocate assisted by Sri Indrajeet Singh Yadav, learned Additional Government Advocate.

3. A short background of facts that brought the petitioner to this Court are that the petitioner is a resident of Village & Post Sarai Bhogi, Police Station Surajganj, Pargana Gadawara, Tehsil Machhali Shahar, District Jaunpur. He claims to be a law abiding citizen. Though not pleaded specifically by the petitioner, what emerges is that he is the Bhumidhar of Khasra no.133, admeasuring 0.028 hectares, to the southern side of which there is a public road maintained by the Public Works Department, located in Khasra no.164. He claimed that respondents nos.5 to 7