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Askar Mea Vs. Sabdar Mea - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal137
AppellantAskar Mea
RespondentSabdar Mea
Cases ReferredBasaruddin Bhuia v. Bahar Ali I.L.R.
Excerpt:
criminal procedure code (act x of 1882), sections 133, 135 - application for order to remove obstruction--disputed title--jurisdiction of criminal court. - pigot and o'kinealy, jj.1. we think the magistrate is right in the reference made; and direct that the order be set aside.2. we do so on the ground that, in this case, a bond fide question seems to exist, as to whether there ever was a public road in the place in question. when such a question arises it is one for the civil courts, as the case of basaruddin bhuia v. bahar ali i.l.r. 11 cal. 8 decides.3. the enquiry contemplated by those sections of the criminal procedure code is an enquiry into the existence or non-existence of the obstruction complained of-not an enquiry into disputed questions of title.
Judgment:

Pigot and O'Kinealy, JJ.

1. We think the Magistrate is right in the reference made; and direct that the order be set aside.

2. We do so on the ground that, in this case, a bond fide question seems to exist, as to whether there ever was a public road in the place in question. When such a question arises it is one for the Civil Courts, as the case of Basaruddin Bhuia v. Bahar Ali I.L.R. 11 Cal. 8 decides.

3. The enquiry contemplated by those sections of the Criminal Procedure Code is an enquiry into the existence or non-existence of the obstruction complained of-not an enquiry into disputed questions of title.


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