BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition is to revise an order made under S.137 (3) of the Criminal Procedure Code.

(2.) ON receipt of a report of the Sub Inspector of Police, Trichur Cusba, that the petitioner obstructed a public pathway in S. No.492/1, 493 and 294/1 of Puzhakkal Village causing much inconvenience to the public who had been using the pathway, the Executive First Class Magistrate, Trichur, had, on 8th October, 1965, passed a conditional order under S.133 Crl. P. C. calling upon the petitioner to remove the obstruction or to show cause why the order should not be enforced against him. The petitioner filed a written statement denying existence of any such pathway. The First Class Magistrate by an order on October 22, 1965, set the case for his local inspection on October 23 and for orders on October 29, 1965. The impression he gathered at the local inspection was that the report of the Sub Inspector was not without basis. When the case was taken up on October 29 neither the petitioner nor his advocate turned up. After hearing counsel for the other side the Executive First Class Magistrate made the conditional order absolute under S.137 (3) Crl. P. C. It is this order that is sought to be revised here.

(3.) IN the circumstances, I set aside the final order passed by the Executive First Class Magistrate, Trichur, on October 29,1965, keeping alive the conditional order made by him on October 8, 1965, and remit the case for a fresh enquiry under the relevant Section of the Crl. P. C., affording an opportunity to the petitioner to adduce evidence in the matter. To the above extent this revision petition is allowed, and in other respects dismissed.