BARDESHWARI BARODESHWARI PROSAD BATTACHARJEE Vs. RABI NANDAN SAHA

JUDGEMENT

(1.) This Rule is directed against an order of a first class Magistrate at Lalbagh proposing to proceed against the petitioner under Section 137, Cr. P. C.

(2.) It appears that at the instance of the Opposite Party proceedings under Section 133, Cr. P. C. were drawn up against the petitioner by the learned Sub-Divisional Officer of Lalbagh. By the order concerned the petitioner was required to show cause before the said learned Sub-Divisional Officer. Upon the petitioner showing cause, the case was transferred by the learned Sub-Divisional Officer to the court of Mr. Majumdar a First Class Magistrate. Mr. Majumdar purported to proceed under Section 139A, Cr. P. C. As the order shows, he questioned the petitioner as to the existence of the alleged public right in respect of the way said to have been obstructed, examined certain papers and then proposed to proceed under Section 137, Cr. P. C.

(3.) Mr. J. M. Banerjee has urged two points;