Section 137 of CrPC : Section 137: Procedure where existence of public right is denied.

Explanation using Example

Example 1:

Scenario: A local farmer, Mr. Sharma, has built a fence across a pathway that villagers have used for decades to access a nearby river. The villagers file a complaint with the local Magistrate, claiming that Mr. Sharma's fence is obstructing a public right of way.

Application of Section 137:

1. Order under Section 133: The Magistrate issues an order under Section 133 to Mr. Sharma to remove the fence, as it is causing obstruction to the public.
2. Appearance and Denial: Mr. Sharma appears before the Magistrate and denies that the pathway is a public right of way, claiming it is part of his private property.
3. Inquiry by Magistrate: The Magistrate then inquires into the matter to determine if there is any reliable evidence supporting Mr. Sharma's denial.
4. Evidence Evaluation: If Mr. Sharma provides credible evidence, such as land records or witness testimonies, that the pathway is indeed private, the Magistrate will stay the proceedings until a competent court decides on the matter.
5. Proceeding under Section 138: If Mr. Sharma fails to provide reliable evidence, the Magistrate will proceed under Section 138 to enforce the removal of the fence.

Example 2:

Scenario: A factory owner, Ms. Verma, has been discharging waste into a river that runs through the town. The local residents complain that the waste is causing a public nuisance and health hazard...

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