G.K.SATHEESH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) Jurisdiction under Section 133 Cr.P.C. was exercised by Sub-Divisional Magistrate to remove obstruction/nuisance caused to a public way by issuing Annexure A3 notice to the obstructor/respondent and subsequently Annexure A6 interim order was passed to proceed further, against which, the obstructor/respondent came up under Section 482 Cr.P.C.

(2.) It is alleged that the way is not a public way and as such, the Sub-Divisional Magistrate cannot usurp the jurisdiction under Section 133 Cr.P.C. Hence Annexure A3 and A6 are vitiated.

(3.) To the show cause notice - Annexure A3, the obstructor/respondent has to submit their contentions and claims. No order under Section 138 Cr.P.C. so far passed. The rival claims yet to be adjudicated under Section 138 Cr.P.C. No civil suit initiated by either of the parties. Hence, the jurisdiction under Section 482 Cr.P.C. cannot be exercised for quashing the proceedings. For the ends of justice, it is fit and proper to modify Annexure A6 by staying further proceedings for a period of one month from today under Section 357 Cr.P.C., so as to enable the parties to approach the civil court for adjudicating the issue of public way or alleged encroachment/obstruction. If no suit is filed by either of the parties within the said time limit of one month, the Sub-Divisional Magistrate will be at liberty to proceed further with the matter and to adjudicate the issue under Section 138 Cr.P.C.