IN THE HIGH COURT OF JUDICATURE FOR RAJASHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CRIMINAL MISC. PETITION NO.2150/2006 Umesh Mathur & Anr. Vs. State of Raj. 30.1.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri R.K. Mathur, for the petitioners. Shri Arun Sharma, Public Prosecutor. Heard learned counsel for the petitioners. Perused the impugned order. The learned counsel for the petitioner has submitted that there was material on record before the learned Magistrate in the form of the Annexures 1 to 4 to show that the alleged demolition had been carried out by the Municipal Board, Kotputli itself and the complainant had nothing to do so with the land on which the constructions had been raised as the same belonged to the Municipal Board. It is submitted that from the documents and material submitted before the learned Magistrate no charge was made out against the petitioner and also at the instance of the complainant. So far as the above material is concerned which is sought to be relied upon by the learned counsel for the petitioner, the same is required to be proved as a fact that the land in dispute belongs to the Municipality and not the complainant who may be cross examined on this issue and that the construction was demolished by the Municipal Board itself. However, these are matters which are required to be proved by positive evidence by the accused or can be elucidated from the prosecution witnesses by cross examination running trial. This court in exercise its inherent powers under Section 482 Cr.P.C. cannot go into the evidence and give a finding in this regard. In the facts and circumstances I am not inclined to interfere. This criminal misc. petition under Section 482 Cr.P.C. is accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS