Hon’ble Mr. Subhash Upadhyay, J.

1. The present Criminal Misc. Application under Section 482 of the Code of Criminal Procedure, 1973, (Cr.P.C.), was filed by the applicant Shir Vishambhar Singh Negi (hereinafter referred as ‘applicant no.1’) assailing the order dated 30.01.2021, passed by learned Additional Sessions Judge, IIIrd Dehradun, in Criminal Revision No. 09 of 2019, Vishamber Singh Negi vs. State of Uttarakhand and others, and order dated 11.01.2019, passed by City Magistrate, Dehradun, in Case No. 52 of 2018, State of Uttarakhand through Sub Divisional Magistrate (Sadar), Dehradun vs. Vishamber Singh Negi and another, under Section 133 Cr.P.C. directing the applicant no. 1 and performa respondent no. 3 to remove the encroachment from 15 ft. width public path adjoining to their houses within a period of one month. During pendency of the revision, the applicant no.1 Shri Vishambhar Singh Negi died and is represented by his legal heirs.

2. The brief facts, which led to the filing of the present C-482 application is that, an application under Section 133 Cr.P.C. was filed by the respondent no.2, who claimed herself to be widow of late Anil Pundir, residing with her aged parents