VILASINI Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner has come before this Court complaining about the procedure adopted by the Sub Divisional Magistrate, who allegedly is proceeding under Chapter X (B) (Section 133) Cr.P.C.

(2.) The grievance of the petitioner is that there is no public right in respect of the pathway and in these circumstances proceedings under Section 133 Cr.P.C. is not warranted at all.

(3.) The learned Public Prosecutor was requested to take instructions. The learned Prosecutor submits that the proceedings under Chapter X B have not been initiated at all. The Sub Divisional Magistrate has received a complaint and he is making enquiries at the pre-conditional order stage. If it is found to be necessary, then only a conditional order under Section 133 shall be passed. Thereafter procedure in accordance with law shall be followed. Because of the pendency of this proceedings before this Court, no further enquiry has been conducted and no decision has been taken as to whether a conditional order should or should not be passed.