Neutral Citation No. - 2025:AHC:139376 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 892 of 2025 Applicant :- Ramdhari Opposite Party :- State Of U.P. Through Secretary Home At Lucknow And 6 Others Counsel for Applicant :- Rampyare Lal Srivastava,Subash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. Heard learned counsel for the applicant and learned A.G.A. for the State, and perused the record. The present application under Section 529 BNSS has been filed seeking a direction to opposite party nos. 2, 3, and 4 to ensure compliance with the orders dated 04.08.2007 and 02.02.2018 passed in Case No. 49 of 2007 by opposite party no. 4 under Section 133 Cr.P.C., for removal of encroachment from a public road in Village Jayee Chhapra, P.S. Nebua Naurangia, Tehsil Padrauna, District Kushinagar, allegedly made by opposite party nos. 5 to 7, within a stipulated period. It is submitted by learned counsel for the applicant that in Case No. 02 of 2007, instituted under Section 133 Cr.P.C. before the Sub-Divisional Magistrate, Padrauna, Kushinagar, the learned SDM, after calling for a report from the concerned police and considering the objections of the alleged encroachers, passed an order on 02.02.2018 for removal of the encroachment. However, the said order has not been executed till date. Learned A.G.A., in reply, submitted that the proceedings under Section 133 Cr.P.C. are summary in nature and, in view of the efflux of time, the present matter appears to have become infructuous and is liable to be dismissed. It is submitted that proceedings under Section 133 Cr.P.C. are intended for immediate prevention or removal of unlawful obstruction/nuisance and cannot be treated as a perpetual remedy and such proceedings are summary in nature and their efficacy diminishes with the passage of time if the obstruction is not removed promptly. Having considered the submissions of learned counsel for the parties, the nature of the proceedings under Section 133 Cr.P.C., this Court finds no ground to exercise jurisdiction under Section 529 BNSS in the present matter. Accordingly, the application stands dismissed. Order Date :- 14.8.2025 RavindraKSingh Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad