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2000 DIGILAW 534 (RAJ)

Mohan Ram S/o Gumana Ram v. Mukana Ram S/o Aasha Ram Jat

2000-04-27

S.C.MITAL

body2000
JUDGMENT 1. - This petition is under section 482 Cr.P.C. against the order dated 15.4.2000 passed in Criminal Revision No. 2/2000 by the learned Additional Sessions Judge No. 2, Bikaner, whereby the revision was dismissed on the ground that the interim order under section 142 Cr.P.C. is not revisable, secondly, it is a conditional order. 2. Heard learned counsel for the petitioners. Learned counsel for the petitioners submitted that the learned Sub-Divisional Magistrate (N) Bikaner, has passed an order to remove fencing of wire and thorns and has further ordered to show cause why this interim order should not be made absolute. Instead of appearing the Court and submitting their objections, petitioners filed a revision and now this Misc. Petition under section 482 Cr.P.C. 3. Learned counsel for the complainant submitted that the learned Trial Court has ordered to remove the fencing which tentamounts to final order. 4. I have perused the interim order under section 142 Cr.P.C. in which wire fencing has been ordered to be removed for clearing the public way immediately. I see no reason to interfere in the order in the exercise of powers under section 482 Cr.P.C. because there is no case of abuse of process of law or failure of justice. Learned counsel for the petitioners submitted that the learned trial Court may be directed to decide the matter within two weeks. Such directions can be given at this stage as it depends upon the parties to lead evidence and produce documents. The petitioners themselves have come in the revision instead of appearing to file objection which has delayed this matter in the learned trial Court. Hence this petition is dismissed.Petition rejected. *******