JUDGMENT 1. - The petitioner Chopa and others have filed this application under section 482 Cr. PC against the order of the Sub-Divisional Magistrate, Sirohi dated 23-3-1985, by which he started proceedings under section 133 Cr. PC and directed the petitioners to remove the obstruction on the alleged way by 11-4-1985 and to appear and show cause why this order may not be made absolute. 2. I have heard the learned counsel for the parties. They are agreed that the application may finally be disposed of at this stage of admission. 3. I have perused the copy of the complaint made available to me by the learned counsel for non-petitioner. All that has been alleged in the complaint is that the petitioner Amba had a right of way through the field of the non-petitioners Chopa and others appurtenant to the well Amhawa. This passage was about 10ft. wide and the petitioner Amba has been using it for about the last 20 years. It was further alleged that earlier the non-petitioners had obstructed this way in 1969 whereupon a Panchayat was held wherein a compromise was arrived at and the non-petitioner gave in writing that they would not obstruct this way and that the petitioner will have the right or passing on this way, carrying their crops etc. and it was further alleged that again on 4-3-85, the non-petitioners Chopa and others obstructed this way and therefore, the petitioner Amba prayed that the nuisance created by the non-petitioner may be removed under section 133 Cr. PC. A bare perusal of section 133 Cr. PC would go to show that it applies if there is any unlawful obstruction or nuisance in any public place or any way, river or channel which is or may be lawfully used by the public. The very allegations in the complaint clearly go to show Chit the petitioner-complaint was only claiming the private right of way. There is not a single word in the complaint to show that this was a public way in these circumstances proceedings under section 133 Cr. PC could not have been taken. The learned Magistrate was, therefore, not authorised to initiate the proceedings under section 133 Cr. PC and these proceedings are without jurisdiction. 4. In these circumstances this application is accepted and the order of the learned Sub-Divisional Magistrate, Sirohi dated 23-3-85 is quashed.Application accepted. *******