AYISUMMA Vs. NABEESA UMMA

JUDGEMENT

(1.) This revision petition is filed by the petitioner in "C.M.P. No. 12/74" on the file of the Sub Divisional Magistrate, Perintalmanna, challenging an order passed by the Court of Session, Manjeri in Crl. R. P. No. 13/75 setting aside the order passed in C.M.P. No. 12/74.

(2.) A few facts necessary for the disposal of this petition may now be stated:

(3.) The learned advocate appearing for the petitioner attacked this order mainly on the ground that in view of sub-s.(3) of S.137 of the Code of Criminal Procedure the respondent is not entitled to challenge that the pathway in question is not a public pathway. The counsel contended that the respondent has not chosen to challenge the order of the Sub Divisional Magistrate that there was no reliable evidence in support of the denial of the existence of a public right, that this order has become final and that this decision, as far as the respondent is concerned, is conclusive and binding on her. ft was also contended that there is evidence to show that the pathway in question is a public one.