Guwahati Court September 1971 Judgments

Naorem Leikham Singh and ors. Vs. the State and anr.

Court: Guwahati

R.S. Bindra, J.C.1. At the instance of Kh. Ibobi Singh, the respondent No. 2 of this revision petition, the Police made an enquiry into his allegation of obstruction or nuisance caused to a path-way in Kakchine Bazar area by the petitioners herein, and then made a report on 6-3-1968 to the Sub Divisional Magistrate. Thoubal. recommending proceedings under Section 133. Criminal Procedure Code. It was on 21-6-1969 that the Magistrate pass-ed the conditional order under Section 133 (1). Criminal Procedure Code. When the petitioners put in appearance on 7-11-1969 in obedience to the notice issued to them by the Magistrate they denied the existence of any public right in respect of the land over which obstruction was alleged to have been caused by setting up of stalls. The Magistrate then fixed the case for evidence on 13-11-1969 without making it clear whether evidence had to be led in respect of the denial of the public right made by the petitioners or whether on the merits of the alleg...