TIRKHA Vs. NANAK

JUDGEMENT

(1.) This is a reference made by the learned Additional Sessions Judge of Meerut under Section 438, Criminal Procedure Code, recommending that the order of a Magistrate of the First Class, dated the 1 of November 1926, by which he made absolute a conditional order under Section 133, Criminal Procedure Code, directing the removal of a portion of a certain chabutra be set aside, and the case be sent back for trial according to law.

(2.) The case was started on the complaint of the opposite party. The allegation in the complaint was that the petitioners had built the chabutra complained of and that the chabutra obstructed a certain pathway and caused inconvenience to people using the pathway and might lead to the falling of the neighbouring house during the monsoons.

(3.) The complaint was filed on the 8 of May 1926, and it was not until the 23rd of September 1926, that an enquiry into the case commenced. On that date the petitioners appeared and denied that they had blocked the way as alleged by the complainants. The case was then taken up on the 30 of October 1926, and on that day the complainants did not offer to produce any evidence. The petitioners thereupon stated that they had no evidence to produce either, and it appears that the learned Magistrate was asked to inspect the locality and then to decide the case. An inspection was made by the learned Magistrate on the 31 of October 1926, and, on the day following the learned Magistrate passed the order now in question.