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SAURABH LAVANIA
Prem Narayan Tiwari – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
1. Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.
2. By means of the instant application under Section 482 Cr.P.C., the applicants have assailed the order dated 07.05.2022 passed by Sub-Divisional Magistrate, Dalmau, Raebareli (hereinafter referred to as "Magistrate") in exercise of power under Section 138 of Cr.P.C. in Case No. 745 of 2022, Computerized Case No. T202210580500745, under Section 133 of Cr.P.C. as also the order dated 05.09.2023 passed by Additional District and Sessions Judge, IV, Raebareli (hereinafter referred to as "revisional court") in Criminal Revision No. 129 of 2022 (Prem Narayan Tiwari another vs. Dharmendra Kumar Shukla & another).
3. Brief facts of the case are to the effect that an application under Section 133 Cr.P.C. was preferred by one Dharmendra Kumar Shukla, which was registered as Case No. 745 of 2022, in which, the Magistrate concerned issued notice to the opposite parties and in response to the same, applicants herein namely Prem Narayan Tiwari and Manoj Kumar Tiwari put in appearance and filed their response on 28.04.2022. The response filed by the applicants are as under:-
4. From the
The main legal point established in the judgment is the requirement for reliable evidence in support of denial of public right and the burden of rebutting factual recitals.
The Magistrate must follow the mandatory procedure under Section 133 of the Code of Criminal Procedure, which requires the Magistrate to first question the person against whom the order is made wheth....
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....
The main legal point established in the judgment is the necessity of a formal conditional order before initiating proceedings under Section 133 of Cr.P.C. and the requirement for immediate measures t....
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
The main legal point established in the judgment is that a party cannot deny an encroachment after conceding the obstruction and seeking time for its removal.
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