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1978 DIGILAW 112 (MP)

State of M. P. v. Panchamsingh

1978-02-06

R.L.MURAB

body1978
Short Note : According to law, the provisions under section 139-A of the Code are mandatory. The requirement of section 139 of the Code is that as soon as a party appears before the Magistrate who has drawn up the proceeding he shall question the party as to whether he denies the existence of the public way. It is for the Magistrate to question the party. It may be stated that mere denial by the party of the existence of public right in his show cause notice, is not sufficient compliance with the provisions of section 139 of the Code. Further, it is to be noted that if the provision of sections 139-A of the Code are not observed, and in particular if the Magistrate were to try and weigh the evidence in order to determine the truth denial, then his subsequent proceedings would be a nullity. Sadasheo Chintaman Tamne v. Chintaman Khushalrao Lodhi and others, 31 MPLC 333 : AIR (32) 1945 Nag. 226, Dwarka Singh and others v. Lal Bihari Singh, AIR 1958 Pat. 269 , Julu Mia v. Golam Hussain, AIR 1960 Tripura 3, referred to. Revision allowed.