' SYED MANZOOR HUSSAIN GILANI, J.--- This petition for leave to appeal is filed against the judgment passed by a learned single Judge of the High Court at Mirpur on 11-3-2006 in Criminal Appeal No,14 of 2005, which was filed against an order passed by the Additional Sessions Judge, Dudyal on 5-7- 2005, through which an order passed by the Sub-Divisional Magistrate, Mirpur on 18-4-2005 is set aside.
2. The brief facts necessary for perception of this case are that an information was made through Report No,113, dated 19-12-2004 by S.H.O. Afzalpur before the Sub-Divisional Magistrate, Mirpur under section 133, Cr.P.C. Alleging that the petitioner has encroached upon a public road and is adamant to change the status quo thereby causing a construction, which was solicited to be removed. The report was dismissed by the Sub-Divisional Magistrate on 18-4-2005 on which a revision petition was filed before the Sessions Judge, Mirpur who was pleased to refer it to the Additional Sessions Judge, Dudyal. The latter was pleased to accept he revision and set aside the order, remanded the case with the direction to proceed in the case in accordance with law.
3. The learned Advocate for the petitioner contended that the Sessions Judge and the learned Judge of the High Court fell in error in setting aside the order of the Magistrate that the Magistrate was first to hold inquiry and then come to the conclusion as to whether a conditional order could be passed or not. According to the learned Advocate, when the Additional Sessions Judge and the learned Judge High Court passed the order that conditional order should be passed, there was left nothing for the trial Court to form an opinion and once a conditional order is passed, the purpose of the information filed by the police would be achieved.
4. The learned advocate for the respondent defended the orders passed by the courts below contending that unless the requirements of the law are fulfilled, the complaint could not be dismissed by the Magistrate and the Sessions Judge as well as the learned Judge of the High Court rightly remanded the case.
5. I have considered the contentions of the learned Advocates for the parties and gone through the impugned order as well as the record placed before the Court.
6. Chapter X of Cr.P.C. Deals with the public nuisances. It begins from section 133 and ends at section 143. The law clearly stipulates every step which the Magistrate has to take when an information is placed before him. The spirit of the Chapter is to be carried into effect and every word of the law is to be given meaning as provided by law itself. The Magistrate adopted cursory procedure in dismissing the complaint without following any provision of law. It appears that the ' Magistrate has dealt with the case in administrative manner instead of legal procedure. The Courts below have rightly set aside the order and directed the Magistrate to proceed in accordance with the provisions of law.
' In view of above, finding no force in this petition for leave to appeal, it is hereby dismissed.