ORDER

Date : 21-09-2020 Heard Mr. K. Dubey, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Addl. P.P. for the State of Arunachal Pradesh for respondents No. 1 & 2 and Mr.

K. Lollen, learned counsel for the respondent No. 3.

2. By this application under Section 397, read with Section 401 of the Cr.P.C., 1973, the petitioner has challenged the Executive order dated 02.07.2020, passed by the District Magistrate, Shi Yomi District, Tato, under Section 133 Cr.P.C., vide No. SHY/JUD-103/Vol-II/2020, by which order, the petitioner has been directed to remove the barricades erected by him from the road, within 15 days, from the date of issue of the order.

3. The petitioner contends that in the process of execution of construction of road from Karo to Pidi Administrative Circle and road from BRTF road to Pidi, by M/S M. L. Enterprises, Aalo, in pursuance of work order, given by the respondent No. 3, herein, namely, the Executive Engineer, PWD, Mechuka Divison, Shi Yomi District, M/s M. L, Enterprises (Contractor) had trespassed into the private land of the petitioner, purportedly, in furtherance of the construction of the road mentioned, hereinabove. According to the petitioner, the private land of the petitioner, where the contractor, M/s M. L, Enterprises had trespassed into i.e. Pidi Aden land, which is a private land of the petitioner and it does not fall under the road to be constructed as specified, hereinabove. Accordingly, in order to prevent his private land from being encroached upon/trespassed into by M/s M. L, Enterprises, the petitioner had put a barricade, therein, which barricade has been directed by the District Magistrate to be removed, within 15 days, by the impugned order. The petitioner contends that while issuing the impugned order purportedly, under section 133 Cr.P.C., the learned District Magistrate has not followed the due process, namely, drawing up of a preliminary order before any order is passed under Section 133 Cr.P.C.

4. Ms. T. Jini, learned Addl. P.P. submits that while issuing the impugned order dated 02.07.2020, the District Magistrate, Shi Yomi District, Tato had admittedly not followed the procedures prescribed under Section 133 Cr.P.C. and accordingly, submits that the matter may be remanded back to the District Magistrate, Shi Yomi District, Tato, after impugned order is set aside and quashed.

5. Mr. K. Lollen, learned counsel for the respondent No. 3 also submits that admittedly the District Magistrate, Shi Yomi District, Tato had not followed the procedures prescribed under Secton 133 Cr.P.C for passing of the impugned order and since, the impugned order dated 02.07.2020 was passed by the District Magistrate, Shi Yomi District, Tato on a report/complaint submitted by the respondent No. 3, the matter may be remanded back to the District Magistrate, Shi Yomi District, Tato for passing of a fresh order after complying with all the procedural requirements for passing of an order under Section 133 Cr.P.C.

6. Having heard the learned counsels for the parties and as agreed to by the learned counsel for the petitioner as well as by the learned counsels for the respondents No. 1, 2 & 3, as above, this Criminal Revison Petition is allowed and disposed of, by setting aside the impugned order dated 02.07.2020, passed under Section 133 Cr.P.C. by the District Magistrate, Shi Yomi District, Tato, vide Memo No. SHY/JUD-103/Vol-II/2020, with liberty granted to the District Magistrate, Shi Yomi District, Tato/respondent No. 2, herein, to pass fresh order, if so advised, in accordance with law.

7. The Criminal Revision Petition is accordingly, disposed of.

JUDGE Comparing Assistant