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BasaruddIn Bhuiah Vs. Baha Rali - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR11Cal8
AppellantBasaruddIn Bhuiah
RespondentBaha Rali
Excerpt:
right of way used by the public - public right of way--criminal procedure code, act x of 1882, sections 133, 134, 135, 136 and 137. - orderwilson, j.1. we think the order of the deputy magistrate cannot be supported. it has been more' than once held by this court that the powers now embodied in sections 133 to 137, with regard to the obstruction of public ways, are not to be exercised where there is a bond fide dispute as to the existence of the public right. in the present case it is plain that the right of way is really in dispute, and that its existence is at least open to doubt. no order, therefore, can be made under the sections referred to, until the public right has been established by proper legal proceedings, civil or criminal.
Judgment:
ORDER

Wilson, J.

1. We think the order of the Deputy Magistrate cannot be supported. It has been more' than once held by this Court that the powers now embodied in Sections 133 to 137, with regard to the obstruction of public ways, are not to be exercised where there is a bond fide dispute as to the existence of the public right. In the present case it is plain that the right of way is really in dispute, and that its existence is at least open to doubt. No order, therefore, can be made under the sections referred to, until the public right has been established by proper legal proceedings, civil or criminal.


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