STATE OF MYSORE Vs. VENKATARAMAN MANJUNATH HEGDE

JUDGEMENT

(1.) This reference arises out of proceedings under S.133 CrPC. The applicant one Rama Govinda Achari lodged a complaint before the Police at Kumta against one Venkataraman Hegcte alleging that he had built a compound wall across the foot-path leading from his house to the public road obstructing him from using the foot-path. The Sub-Inspector of Police, after investigation, submitted a report to the Sub Divisional Magistrate, Kumta Division, for taking action under S.133 CrPC. The Sub Divisional Magistrate passed a conditional order dt.16-7-1971 calling upon Venkataraman Hegdp to remove the obstruction caused to Rama Govinda Achari within seven days and to show cause as to why the order should not be made absolute. Venkataraman Hegde appeared before the Sub Divisional Magistrate and contended that there was no foot-path as claimed by Rama Govind Achari and that in any case action under S.133 CrPC. could not be taken in view of the allegations made by Rama Govinda Achari himself. Both Rama Govinda Achari and Venkataraman Hegde adduced evidence in support of their respective contentions. The Sub Divisional Magistrate passed a final order on 29-3-1972 directing Venkataraman Hegde to remove the compound wall.

(2.) From the allegations made by Rama Govind Achari in his complaint to the Police and also from his evidence it could be gathered that Rama Govind Achari claimed a private right to use the foot-path, if at all it existed. The interference with the said right of Rama Govind Achari was the basis of the Magistrate's conditional order under S.133 CrPC.

(3.) This is clearly a private dispute between Rama Govind Achari and Venkataraman Hegde. Proceedings under S..133 CrPC. are not intended to settle private disputes between different members of the public, but on the other hand is intended to protect the public as a whole against inconvenience. If the compound wall caused inconvenience only to the applicant and not to the public generally, the applicant cannot resort to proceedings under this section for redressing his personal troubles. The Sub Divisional Magistrate should bear in mind that he is supposed to be acting purely in the interests of the public, and should be on his guard against any tendency to use S.133 as a substitute for litigation in the Civil Courts in order to secure the settlement of a private dispute. S.133 empowers a Magistrate to take action thereunder when he considers that any unlawful obstruction or nuisance should be removed from any way, river, channel or place, which is or may be lawfully used by the public. It is clear that the obstruction must be against public use. Action under this section can only be taken where there has been an invasion of public rights. In the present case, the Sub Divisional Magistrate took it upon himself to decide what Chapter X of the CrlPC. did not authorise him to decide and what was really for a Civil Court to decide. If the applicant Rama Govind Achari has any private right, which he wishes to enforce, he should take his troubles to the Civil Court but not resort to a Criminal Court.