DHANARAM NAMASUDRA AND ORS. Vs. KALICHARAN NAMASUDRA

JUDGEMENT

(1.) AN order Under Section 137(3), Criminal P.C. directing removal of an obstruction from a water chancel within 14 days of the order was passed against 8 persons on 30th June 1949, On a petition of revision against this order, the learned Sessions Judge, L. A. D., after Considering the evidence in the case came to the conclusion that question involved was one of fact and that there was no sufficient ground for a reference of the matter to this Court. He rejected the petition therefore.

(2.) THREE out of the 8 persons against whom the order was made have come up on revision to this Court.

(3.) THE case of the 2nd party was that the channel in question was not a public one and Section 138, Criminal P.C., had no application to the facts of the case.