Neutral Citation No. - 2025:AHC-LKO:43121 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6030 of 2025 Applicant :- Imran And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Awasthi, learned counsel for the applicants and Sri Ashok Kumar Srivastava, learned AGA for the State and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C./528 B.N.S.S., the applicants have challenged validity of an order dated 06.03.2024 passed by the Sub District Officer, Dharauhra, District Lakhimpur Kheri in Case No. 4458 of 2023, under Section 133 Cr.P.C., whereby on a complaint made by the opposite party no. 3 on 24.05.2023, the applicants have been directed to remove the illegal encroachment made on a passage. The applicants have challenged the aforesaid order by filing a criminal revision No. 51/2024, which has been dismissed by means of an order dated 17.05.2025 passed by the learned Additional Sessions Judge, Court No. 5, Lakhimpur Kheri and vlidity of the revsional order has also been challenged by the applicants. 3. The aforesaid case was instituted on the basis of a complaint lodged by the opposite party no. 3 on 24.05.2023, under Section 133 Cr.P.C. stating that the applicants have constructed a latrin on a public passage and the remaining portion has been blocked by a bamboo tattar which amounts to public nuiscence. 4. The SDM called for a report from the Inspector Incharge, Police Station Daurahra, who submitted a report dated 23.06.2023 stating that the applicants have encroached upon and obstructed a public passage which amont to public nuiscence. 5. The SDM has recorded that a notice under Section 133(1) Cr.P.C. was issued to the applicants on 07.07.2023 which was served upon them and yet they did not appear before the authority and proceedings were conducted exparte. 6. After taking into consideration the averments made in the affidavit submitted by a complainant and a report dated 26.02.2024 submitted by the Lekhpal, the SDM held that the applicants have obstructed a public passage which amounts to public nuiscence and ordered removal of the same. 7. In revision, it was contended on behalf of the appliants that the passage in question is not a public passage and the proceedings were instituted in respect of a property dispute, however, the revisionist could not establish this contention and the revision was dismissed. 8. Having gone through the aforesaid orders passed by the SDM and the Revisional Court, I am of the view that the both the orders have been passed on the basis of cogent reasons, which does not call for any intereference from this Court. 9. Even before this Court, no material has been brought on record to substantiate the claim that the dispute between the parties is a private dispute and the passage in question is not a public passage. 10. In these circumstances, I find no good ground to interfere in the impugned orders under excercise of the inherent power of this Court under Section 482 of the Cr.P.C. 11. The application lacks merit and the same is dismissed. Order Date :- 25.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench