(1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 138.
(3) A person who has, on being questioned
by the Magistrate under sub-section (1), failed to deny the existence of a
public right of the nature therein referred to, or who, having made such denial,
has failed to adduce reliable evidence in support thereof, shall not in the
subsequent proceedings be permitted to make any such denial.
Code of Criminal Procedure (CrPC)
131 CrPC Power of certain armed force officers to disperse assembly
132 CrPC Protection against prosecution for acts done under preceding sections
133 CrPC Conditional order for removal of nuisance
134 CrPC Service or notification of order
135 CrPC Person to whom order is addressed to obey or show cause
136 CrPC Consequences of his failing to do so
137 CrPC Procedure where existence of public right is denied
138 CrPC Procedure where he appears to show cause
139 CrPC Power of Magistrate to direct local investigation and examination of an expert
140 CrPC Power of Magistrate to furnish written instructions, etc