ORDER

This Revision Petition is directed against the order passed by the Sub-Divisional Magistrate, Coondapur on 3rd July 1967 in M. C. 3 of 1966 on the file of his Court in a proceeding under Section 133 of the Code of Criminal Procedure. In that proceeding a preliminary order against the Respondent was passed to remove the obstruction alleged to have been caused by him in a mamool pathway in Abbedi village. The petitioner had alleged that there existed a mamool pathway passing through S. Nos. 92, 245, 102/1 and 101 of Abbedi village and that the respondent was obstructing the use of the said pathway. It was further alleged by him that the pathway was a public pathway. But the respondent contended that the pathway was a private cart track and not a public pathway as alleged by the petitioner. The trying Magistrate was of the view that the pathway was not a public pathway as alleged by the petitioner and by the order in revision set aside the preliminary order passed by him.

2. Mr. Jagannatha Shetty, learned counsel for the petitioner argued that the Magistrate has not followed the obligatory provision contained in Section 139-A of the Code of Criminal Procedure and therefore the ord