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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Rajnish Kumar,J.
Abhimanyu Prasad Ojha – Appellant
Versus
State Of U.P. Thru. D.M. Gonda – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard Shri Sanjay Tripathi, Advocate holding brief of Shri Anil Kumar Tripathi, learned counsel for the petitioners in Criminal Misc. Writ Petition No.- 15379 of 2019 and learned counsel for the petitioners in Criminal Misc. Writ Petition No.- 171721 of 2019, Shri Rajesh Kumar Shukla, learned State Counsel and Shri Santosh Kumar Gupta, learned counsel for the private respondent in both the petitions.
2. Criminal Misc. Writ Petition No. 15379 of 2019 has been filed assailing the order dated 30.11.2018 passed in Case No. 80 under Section 133 of Code of Criminal Procedure (hereinafter referred as Cr.P.C.) by Sub-Divisional Magistrate, Tarabganj, District-Gonda and the judgment and order dated 21.05.2019 passed in Criminal Revision No. 318 of 2018; Rajkishore Ojha (Deceased) substituted by legal heirs Abhimanyu Prasad Ojha and others vs. State of U.P. and another and Criminal Misc. Writ Petition No. 17172 of 2019 has been filed assailing the order dated 30.05.2019 passed by the Sub Divisional Magistrate, Tehsil-Tarabganj, District-Gonda, by means of which he has directed to the In-charge Inspector, Dehat Kotwali, Gonda for compliance of the order dated 30.1
Unlawful obstruction of public ways must be removed under Section 133 Cr.P.C., regardless of whether the obstruction is complete.
Constructing a wall on public land constitutes nuisance; summary proceedings under Section 133 Cr.P.C. require no formal notice for local investigations.
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....
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
(1) Dispute over right to use pathway likely to cause breach of peace – Power under Section 147 Cr.P.C. cannot be exercised by any Executive Magistrate or Sub-Divisional Magistrate if obstruction is ....
A set-aside order has no legal standing and cannot be used as the basis for subsequent actions; the Magistrate's jurisdiction under Section 147 of the Cr.P.C. is limited to maintaining temporary peac....
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.
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