1. Heard.

2. The petitioners have filed this petition under section 482 of CrPC for invoking the inherent power by this Court and to set aside the impugned order dated 5.9.2014 passed by the 4th Additional Sessions Judge, Bhind in Criminal Revision No.181/2004 by which the learned 4th Additional Sessions Judge has affirmed the order dated 27.8.2014 passed by the learned SDM, Bhind in Case No.121/2014 under section 133 of CrPC.

3. Brief facts of the case are that, the respondents No.2 to 4 have filed an application under section 133 of CrPC before the learned SDM, Bhind against the petitioners and respondent No.5, claiming that the respondents No. 2 to 4 have their houses at Sainik Nagar, Ward No.21, nearby Dehat Police Station, Bhind. For going to their houses a path is situated adjacent to south side of the police station. On the north side of this path, there is 20 ft. width road is available. The Municipal Corporation has constructed CC road in this 20 Ft wide public path. The respondents No. 1 to 3 are residing there since last 30 years. They do not have any alternative approach road. On 11.7.2014 the petitioners and non-petitioner No.5 with the common intention constructed a wall on the public path and because of this, the approach to the houses of respondents No.2 to 4 has been closed.

4. The respondents No. 2 to 4 alleged before the Sub Divisional Magistrate, Bhind, they tried to stop the petitioners not to construct the wall, which resulted quarrel between the parties. Report in this regard was lodged at Police Station, Dehat, Bhind on 12.7.2014. Another report in this regard was also given to the Municipality Bhind. But the construction of wall was continued and the public road was obstructed. As it is a case of emergency nature, the respondents No.1 to 3 requested the SDM, Bhind to take necessary steps and to remove the wall. Along with this, another application under section 142 of CrPC was also filed.

5. The learned SDM, Bhind decided the matter by order dated 27.8.2014, after receiving the report from the Police Station, Dehat and after notice to the petitioners. Petitioner No.2-Satyaprakash Goyal participated in the proceedings and submitted that the land purchased from a private person, does not create any easementary right. There was no road or path on the disputed place. By the impugned order the learned SDM, Bhind observed that the petitioners constructed 8 ft. height wall by dismantling CC road and obstructed the path of the respondents No.2 to 4. As it is an emergency nature the construction of the wall was ordered to be removed immediately.

6. The petitioners have challenged the same before the learned 4th ASJ, Bhind by filing a revision petition under sections 397, 399 CrPC. The same was decided by the learned 4th ASJ, Bhind vide the impugned order and observed that the petitioners have purchased the land in question vide registered sale deed dated 24.1.1997 and subsequently converted the agricultural land for other purposes. The land was diverted by the petitioners without proper permission from the competent authority and without any sanction map for construction. It is also observed by the learned SDM, Bhind that after using its discretionary powers with proper appreciation of facts, no illegality or irregularity has been committed. Hence, the order dated 27.8.2014 is not warranted any interference.

7. The learned counsel for the petitioners challenged the order on several grounds and contended that in the proceedings under section 133 of CrPC no such order can be passed, there was no imminent danger or injury of a serious kind to the public. The evidence on record has not been properly considered and the approach to the case has been not proper. Therefore, the orders under challenge are liable to be set aside, as they are abuse of powers of Court.

8. On plain reading of section 142 of Cr.P.C, this Court find that :-

S.142 (1) If a Magistrate making an order under section 133 considers that immediate mea