DASHRAT AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) : This is a reference by the Sessions Judge, Merta recommending that the order of the Sub-Divisional Magistrarte, Parbatsar dated 26-6-58, purporting to have been passed under Sec. 137 Code Criminal Procedure should be set aside.

(2.) The relevant facts are these:-

(3.) The learned Magistrate did not question the non-applicants as required by section 139-A Criminal Procedure Code, regarding the existence of a public right and straightway held the enquiry and ultimately passed an order under Sec. 137 Code Criminal Procedure on 26th June, 1958. He directed that a pakka drain should be constructed for the flow of the rain water and that the Municipality should be asked to make necessary arrangement for this purpose.