LAWS(KER)-2010-3-125

JOSE Vs. THARAYIL V. REVENUE DIVISIONAL OFFICER

Decided On March 09, 2010
JOSE Appellant
V/S
Tharayil V. Revenue Divisional Officer Respondents

JUDGEMENT

(1.) IN this Revision Petition filed under S.397 read with S.401 CrPC the revision petitioner (Jose V. Tharayil), challenges Annexure A9 order dated 31/07/2009 passed by the Revenue Divisional Officer, (Executive Magistrate) Fort Kochi presumably under S.138 CrPC, refusing to proceed further after holding that the subject matter of the complaint is a private way and authorising the Secretary of Ezhikkara Panchayat to solve the problem raised in the complaint filed by the revision petitioner.

(2.) THE facts leading to the impugned order can be summarised as follows:

(3.) IN various cases arising out of proceedings under Chapter X Part B CrPC pertaining to Public Nuisance it has come to the notice of this Court that the Executive Magistrates are conducting the proceedings and passing orders blissfully ignorant of the provisions contained in this regard and the profusion of reported case law on the subject, Chapter X of the Code of Criminal Procedure, 1973 (CrPC for short) deals with an important facet of administration of justice namely "maintenance of public order and tranquility". The said chapter is divided into four parts. Part A deals with unlawful assemblies and is covered by S.129 to 132. Part B pertaining to "Public Nuisances" is dealt with under S.133 to 143. Part C relating to "urgent cases of nuisance or apprehended danger" is dealt with under S.144. Part D pertaining to "disputes as to immovable property" is dealt with under S.145 to 148.