What is Procedure where existence of public right is denied?
Procedure where he appears to show cause? Power of Magistrate to
direct local investigation and examination of an expert? Section
137, 138 and 139 of Code of Criminal Procedure 1973
Procedure where existence of public right is denied,
Procedure where he appears to show cause, Power of Magistrate to
direct local investigation and examination of an expert are
defined under Section 137, 138 and 139 of CRPC 1973. Provisions
under this sections is:
Section 137 of CRPC "Procedure where existence of public
right is denied"
(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
(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.
Section 138 of CRPC "Procedure where he appears to show
(1) If the person against whom an order under section 133 is
made appears and shows cause against the order, the Magistrate
shall take evidence in the matter as in a summons-case.
(2) If the Magistrate is satisfied that the order, either as
originally made or subject to such modification as he considers
necessary, is reasonable and proper, the order shall be made
absolute without modification or, as the case may be, with such
(3) If the Magistrate is not so satisfied, no further
proceedings shall be taken in the case.
Section 138 of CRPC "Power of Magistrate to direct local
investigation and examination of an expert"
The Magistrate may, for the purposes of an inquiry under section
137 or section 138-
(a) direct a local investigation to be made by such person as he
thinks fit; or
(b) summon and examine an expert.