R. C. DEEPAK, J. ( 1 ) THIS criminal misc. writ petition has been filed for quashing the order dated 15. 4. 2005 passed by the learned Sessions Judge, Saharanpur in criminal revision No. 42 of 2005 Budhwa and others Versus State of U. P. and the order dated 24. 02. 2005 passed by the Upper Zila Magistrate, deoband, Saharanpur in case No. 7/2003-2004. ( 2 ) I have heard Sri Ashfaq Ahmad Ansari, learned counsel for the petitioner, Sri N. C. Tripathi, learned counsel for the respondents No. 4 to 11, learned AGA for the State and perused the record. ( 3 ) THE present petition relates to Section 133 Cr. P. C. Wherein the existence of public / private way has been denied by the petitioner. The Magistrate directed him to lead evidence in support of his contention and enquired into the matter as provided under Section 137 (1) (2) Cr. P. C. The sub-section (2) of Section 137 Cr. P. C. is relevant for the purpose of the present petition which is reproduced as under: "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. " ( 4 ) IN view of the facts and circumstances involved in case No. 7/2003-2004, the Magistrate concerned is directed to enquire into the matter in accordance with the provisions of Section 138 cr. P. C. , which reads as under: "138. Procedure where he appears to show cause.- (I) 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 If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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 modification. (3 ). If the Magistrate is not so satisfied, no further proceedings shall be taken in the case. " ( 5 ) THE orders dated 15. 4. 2005 and 24. 02. 2005 are hereby quashed. (3 ). If the Magistrate is not so satisfied, no further proceedings shall be taken in the case. " ( 5 ) THE orders dated 15. 4. 2005 and 24. 02. 2005 are hereby quashed. The Writ petition is disposed of accordingly. The Magistrate concerned shall proceed expeditiously with the proceeding and dispose of the same within a period of two months from the date of presentation of a certified copy of this order. ( 6 ) LET a copy of this order be sent to the Magistrate concerned for compliance. . .