JWALA PRASAD Vs. STATE

JUDGEMENT

(1.) These are four connected references, arising out of proceedings Under Section 133 Cr. P.C

(2.) The District Board of Etawah served notices on several persons including the applicants in the revisions out of which these references arise, for removal of certain shops which, according to the objectors had existed for more than 50 years. The Magistrate did not in the beginning take proper legal proceedings. Later on his attention was drawn to S. 139A, according to which at first the objector should be given an opportunity to deny or accept the existence of any public right in respect of any way etc. and to produce evidence if he denies where after the Magistrate shall enquire into the matter. If upon such enquiry the Magistrate finds that there is any reliable evidence in respect of such denial, he shall stay the proceedings until the matter of existence of such rights has been decided by a competent civil court. If he finds that there is no such evidence he is to proceed as laid down in Ss. 137 or 138 as the case may require.

(3.) Here, after recording some evidence of the District Board he directed the objectors to produce evidence. They produced certain documents including sale deeds, mortgage deeds and other documents which proved the existence of these shops since a long time and they denied that there had been any obstruction or nuisance or danger to the public in the use of any way and, therefore S. 133 did not apply.