The questions that fall for determination in this revision stemming from a proceeding u/s. 133 of the Criminal Procedure Code, 'the Code' for short, is whether the proceeding was inva­lid for breach of the provisions contained in Sees. 137 and 141 of 'the Code' ? If so, whether the impugned order dated 10.9.84 passed by the Sub-divisional Magistrate (Executive), North Lakhimpur in Misc. Case No. 333/84 u/s. 138 of 'the Code' is invalid, illegal and liable to be set aside ? If appropriate procedure has not been followed should the entire proceeding be quashed or it should be allowed to continue from the stage where the learned Magistrate committed the error of law ?

2. This is a proceeding u/s. 133 of 'the Code'. The appli­cants (opposite party) herein were interested to see that the general public get adequate water supply from the rivulet named "Gogola Mornoi". It appears that the rivulet is the fountain head of water supply to many villages including the applicants' village. The stream being the life blood, the opposite party could not tolerate when the petitioner, Shri Thaneswar Bora and others put obstructions impeding free flow of water, on the plea that they had started a fish

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