SHIV CHARAN Vs. BABU SINGH

JUDGEMENT

(1.) J. C. Mishra, J. Heard learned counsel for the revisionist and the learned Additional Government Advocate.

(2.) THE learned Additional Sessions Judge has set aside the order under Section 133, Cr. P. C. on the ground that S. D. M. committed illegality in directing both the parties to adduce evidence. THE learned counsel for the revisionist contended that the order is erroneous.

(3.) THE aforesaid decision cited by the learned counsel for the revisionist is of no help to the revisionist but on the contrary it has been held in this decision that it is not a case of irregularity but illegality. THE relevant paragraph is reproduced below: "14. If the Magistrate holds a joint enquiry under Sections 139-A and 137, Cr. P. C. (old Code) or allows the complainant to adduce evidence in rebuttal of the evidence of the objec tor and scrutinises or weighs the evidence of the parties with a view to determine the truth of the denial or to arrive at the finding whether the non-existence of the public right is conclusively established it would not be a case of mere ir regularity which could be cured by Section 537, Cr. P. C. (old Code) but would be beyond the jurisdiction of the Magistrate. "