STATE OF MYSORE Vs. BASTANV JAVAN V PINTO

JUDGEMENT

(1.) This is a reference under S.438 Cr.P.C. made by the learned Sessions Judge of North Kanara. Proceedings were initiated under S.133. Cr.P.C. against the respondent on a report received from the Police of Karwar. The learned Sub Divisional Magistrate made a conditional order dt. 10-8-1971 directing the respondent to remove the public nuisance and stop the user of the latrine or to appear before the Court on 18-8-1971 and show cause against the said order. After the conditional order was served on the respondent, the respondent appeared before the Court and filed his objections denying the charges levelled against him. Thereafter, the learned Magistrate inspected the spot on 26-8-1971 and made the conditional order absolute under S.137(3) Cr.P.C.

(2.) The learned Sessions Judge has pointed out that the learned Magistrate has not followed the mandatory provisions of sub-clause (1) of S. 137 Cr.P.C. before making the order absolute. S.137 Cr.P.C. reads as follows:

(3.) For the reasons mentioned above, I accept, the reference and set aside the impugned order passed by the learned Sub Divisional Magistrate under sub-clause(3) of S.137 Cr.P.C. The learned Magistrate is directed to proceed with the case according to law in the light of the observations made in this order.