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ALLSOP
Ramu alias Langar through Bhairon – Appellant
Versus
Murli Das – Respondent
ORDER
Allsop, J. - This reference by the learned Sessions Judge of Benares has been made under a misapprehension of the nature of proceedings u/s 133, Criminal P. C. Those proceedings are not intended to settle private dispute between two members of the public. They are not originated by the filing of complaint or something of that kind. Any person naturally can give a Magistrate information of the existence of any state of affairs, but when the Magistrate acts on that information, he is acting suo motu. The person who gives the information has no rights in the matter and is not a person who may be described as a party to the proceedings. If the Magistrate issues a preliminary order u/s 133 for the removal of an obstruction or something of that kind, the question which arises is one between the Magistrate on the one side on behalf of the public at large and the person, on the other, to whom notice has been issued. The person to whom notice has been issued may allege that the property with respect to which there is a dispute is his own private property and if the Magistrate thinks that there is any evidence in support of this contention, he must stay the proceedings u/s 139-A. If the
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