PHULEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE controversy here is with regard to proceedings under Section 133 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). To be specific, whether the evidence adduced in denial of the public right claimed over a path was 'reliable' evidence, in terms of Section 137 of the Code, rendering it incumbent upon the trial Magistrate, to say proceedings, pending adjudication by the competent court. The bone of contention being the path in Khasra No. 313 of village Adhrian in Tehsil Muktsar of District Faridkot.

(2.) THE material on record shows that at one time there was indeed a public path in Khasra No. 313, but on August 12, 1983, by an agreement of exchange, exhibit R/1, followed by a resolution of the Panchayat exhibit R/2 of the next day, that is, August 13, 1983, this path was given in exchange to the petitioner Phulel Singh. In lieu of other land given by him to the Panchayat. It is, on the basis of this exchange, that the petitioner denied the public right claimed over this path. The respondents on the other hand, relied upon the subsequent resolution of the Panchayat exhibit A/4 of February 3, 1984, whereby the earlier resolution was recalled and the exchange denied.

(3.) A plea was sought to be raised, founded upon the judgment of this Court in Ishar Singh v. Varinder Kaur and another, 1986(2) Recent Criminal Reports 528 : 1986(2) C.L.R. 344, that the order of the Magistrate stood vitiated by the fact that he had personally inspected the spot instead of getting it inspected by some one appointed by him for this purpose. This objection is clearly of no avail in the context of the petitioner having failed to adduce any 'reliable evidence' in support of his denial of the public right claimed.