Neutral Citation No. - 2025:AHC-LKO:48802 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 7600 of 2025 Petitioner :- Harinarayan Shukla Respondent :- Dist. Magistrate Dist. Sultanpur And 7 Others Counsel for Petitioner :- Vishnu Pratap Singh,Shivanshi Mishra Counsel for Respondent :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Shivanshi Mishra, learned counsel for the petitioner, Shri Ayush Sharma, learned State counsel and perused the records. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 24.08.2022 passed by Sub-Divisional Magistrate, Tehsil- Lambhua, District Sultanpur in Case No.03191 of 2020, under Section 133 Cr.P.C., whereby the proceedings under Section 133 Cr.P.C. were dropped for the reasons that a civil suit regarding the same dispute was already pending before the Civil Judge, Junior Division, Court No.24, Sultanpur and these circumstances it would not be proper to conduct proceedings under Section 133 Cr.P.C. with the same object. 3. The petitioner had filed Criminal Revision No.292 of 2022 against the aforesaid order, which has been dismissed by means of a judgment and order dated 26.04.2025 passed by learned Additional District and Session Judge / Special Judge EC Act, court No.4, Sultanpur and the petitioner has challenged the validity of the revisional order also. 4. The learned counsel for the petitioner has drawn attention of the Court towards a report submitted by the police to the S.D.M., wherein it is recorded that the parties belonging to one family, a partition of property had taken place amongst them and they had agreed for leaving a 12 ft. wide passage but Yagya Narayan Shukla (respondent No.4) has created obstruction in this passage. 5. The Magistrate held that a civil suit between the parties is already pending regarding the same dispute. 6. The revisional court has held that whether a passage exists or not and whether it is a public passage or private passage, can better be decided in a civil suit pending between the parties and he find no illegality committed by the Magistrate in dismissing the proceedings under Section 133 Cr.P.C. 7. Section 133 Cr.P.C. provides for removal of nuisance from any public place or any way, river or channel, which is or may be lawfully used by the public. When the alleged passage falls on a private land which was left as a passage under the mutually settled partition amongst the parties, it cannot be said that the passage in dispute is the public passage which may be lawfully used by the public at large. 8. In these circumstances, I am of the view that there in no illegality in the impugned orders. 9. The writ petition lacks merit and is, accordingly, dismissed. Order Date :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench