EMPEROR Vs. RAM BILAS

JUDGEMENT

(1.) The applicant in this case is one Ram Bilas. The said Ram Bilas is the owner of a firm which has a shop situate in Barauli Bazar in the district of Gorakhpur.

(2.) According to an affidavit, dated the 9 of March 1908, and filed in these proceedings, Ram Bilas resides in the Jaipur State, and his firm at Barauli, known as the firm of Ram Karan Ram Bilas, is in the hands of managers.

(3.) The Sub-Divisional Magistrate being of opinion that a chabutra attached to the premises of Ram Karan Ram Bilas was an unlawful obstruction which should be removed from a road used by the public, issued a notice upon Ram Bilas calling upon him to appear and show cause why the obstruction should not be removed. This notice is dated the 17 of August 1907, and bears an endorsement which is said to be an endorsement by Makund Ram, mukhtaram of the firm of Ram Karan Ram Bilas. On the 16 of December 1907, an application was put in and signed by a vakil on behalf of Ram Karan Ram Bilas to the effect that he nominated certain persons to act on his behalf as a jury to decide the question raised by the Sub-Divisional Magistrate. The Magistrate accepted the persons named by or on behalf of Ram Karan Ram Bilas and nominated two other persons be serve on the jury. On the 3 of January 1908, the jury submitted a verdict, which was duly placed upon the record, and an order passed that the pacca chabutra and tin shed should be removed. No objection at the time was raised to this verdict, as the order of the Magistrate on the same will show. But in revision here it is urged that Section 133 of the Criminal P. C. cannot apply to these proceedings. It is further contended that the proceedings have not been regularly held and that the conclusion was not based on the evidence, but on a local inspection.