Ashok Kumar Chaudhary @ Ashok Kumar v. State of U. P. Thru Secy.
2016-03-28
OM PRAKASH VII
body2016
DigiLaw.ai
JUDGMENT Om Prakash-VII, J. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. with the prayer to direct the Station House Officer (opposite party no. 5) to remove the illegal encroachment of opposite party no. 6 and 7 in pursuance of order dated 1.10.2015 passed by Sub Divisional Magistrate (Opposite party No. 3) in Case No. T 20151765012605 of 2015 under Section 133 Cr.P.C. as well as order dated 21.11.2015. 3. Submission of the learned counsel for the applicants is that proceeding under Section 133 Cr.P.C. has been finalized in favour of applicants on 1.10.2015. He submitted that an application was moved by the applicants on 20.11.2015 to execute the order dated 1.10.2015 in which order was passed on 21.11.2015 but the competent authority did not insure the compliance of the order dated 1.10.2015. 4. Having regard to the facts and circumstances of the case and hearing the parties the application is disposed of with the direction to the applicants to move an application before the court concerned within a period of 15 days from today, stating all the facts. If the applicants move an application before the court concerned, the court concerned is hereby directed to pass appropriate order within a period of 15 days positively. 5. Thus the application is disposed of.