JOSE Vs. KURIEN

JUDGEMENT

(1.) THIS Criminal Revision Petition has arisen in a proceeding under Chapter X,Crl.P.C.

(2.) ON November 30,1965,the licensee of the Hundred acre Estate "hereafter ˜the petitioner ™"filed a petition before the Executive First Class Magistrate,Trivandrum,complaining of obstruction on the road to that estate through the adjoining Ten acre Estate by owners of the latter estate(hereafter ˜the counter -petitioners ™),stating that the said road is a public way and praying for action under section 133,Crl.P.C.By an order of the same date,the Executive First Class Magistrate forwarded the petition to the Sub Inspector of Police,Vithura,for immediate enquiry and report.

(3.) ON 26th February 1966,the petitioner moved another petition before the Executive First Class Magistrate,stating