IN RE: THIRUVENGADAM Vs. STATE

JUDGEMENT

(1.) UNDER S. 133 of the Criminal Procedure Code, the Magistrate should first issue a conditional order requiring the person causing obstruction or nuisance to remove such obstruction or nuisance within a time to be fixed in the order, and where he objects so to do, to appear and move to have the order set aside or modified. S. 137 states that where he appears and shows cause against the order the Magistrate should take evidence in the matter as in a summons case. When he is satisfied that the order is not reasonable and proper, he should not take further proceedings, and where he is satisfied that the order is reasonable and proper, he should make it absolute. This procedure has not been followed by the Earned Magistrate. His order is set aside and it will be open to him to take fresh action in accordance with law. The revision is allowed.