IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. M M O No. 65 of 2004 Date of decision: 2.3.2009 Amrit Lal Petitioner Versus Roshan Lal and another Respondents Coram: The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ?1 .No For the petitioner: Mr. Sanjeev Kuthiala, Advocate. For respondent Mr. J.S.Guleria, Asstt. Advocate General, for respondent No. 2. Ms. Sunita Sharma, Advocate, for respondent No. 1. Surinder Singh, J. (Oral) Heard. Undisputedly, the learned Sub Divisional Magistrate has initiated the proceedings under Section 133 of the Code of Criminal Procedure herein without following the procedure as detailed in the judgment passed by the Presiding Officer (Fast Tract) Court Mandi dated 31.3.2004 in Criminal Revision Petition No. 13/2000, 16 of 2004, as such the final order passed against the petitioner was set aside and the case was remanded back to the S.D.M. to deal with the matter as per law. Against this order, petitioner Amrit Lal has filed the instant petition. That even the essentials of Section 133 of the Code of Criminal Procedure are also not made out therefore, the continuance of proceedings are untenable. 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. 2 During the course of proceedings before this court, the status report was called for from the respondents. Shri J.S. Guleria, learned Assistant Advocate General has placed on record the copy of letter received from the Sub Divisional Magistrate Sarkaghat whereby it is informed that Chhattar-Brang- Hukkal Link road i.e., road in question is open for vehicular traffic and there is no alleged obstruction. In view of this, proceedings under Section 133 of the Code of Criminal Procedure against the petitioner before the Sub Divisional Magistrate, pursuant to the remand order, passed by the learned Presiding Officer (Fast Trac) Court, referred to above, are uncalled for, as such proceedings before him pending against the respondent in this case are hereby ordered to be dropped. However, it is made clear if any person would cause any obstruction, respondent shall be at liberty to take action against such person, in accordance with law. Petition stands accordingly disposed of. March 2, 2009 (Surinder Singh),J. (cm)