MUTHUSWAMI NADAN Vs. KALINGA MUPPAN

JUDGEMENT

(1.) The Deputy Magistrate took cognisance of a dispute as to a right of way-falling under Section 147 of the Code of Criminal Procedure.

(2.) Under Section 148 he directed a Subordinate Magistrate to hold a local enquiry. That Magistrate made the enquiry and submitted his report and, as provided by the section, it was read as evidence in the case.

(3.) It is now alleged that the Deputy Magistrate acted without jurisdiction because he acted on the Sub-Magistrate s report and decided the case.