H.N. Seth, J. - (1.) CIVIL and Sessions Judge, Allahabad, has mace this reference recommending that the order dated 19th of September, 1971 passed by the Additional City Magistrate, Allahabad, making an order dated 29th of July, 1971 Under Section 133 Code of Criminal Procedure absolute be set aside.
(2.) ON the basis if a report made by Mukhya Nagar Adhikari, Allahabad, the City Magistrate passed an order Under Section 133 Code of Criminal Procedure on 29th of July 1971 directing the person mentioned therein to demolish a portion of a building in house No. 115, Mori Daraganj, Allahabad. Sarvasri Doodh Gir. Munno Gir and Devi Prasad filed objections claiming inter alia that the said portion of the building was not in a dangerous condition and that it should not be demolished. Thereafter, the learned Magistrate made a local inspection and came to the conclusion that the said building was in fact in a dangerous condition and that it should be demolished. Accordingly, by an order dated 29th of September, 1971 he made the preliminary order dated 29th of July, 1971 absolute and directed Devi Prasad and others to remove the building within one week of the order failing which the same was to be demolished through Court. Devi Prasad and others went up in re vision before the learned Civil and Sessions judge Who has recommended that the order dated 19th of September, 1971, should be quashed.
(3.) SECTION 137 of the Code of Criminal Procedure lays down that if the person to whom a notice has been issued appears and shows cause against it, the Magistrate, for deciding the matter, is to take evidence as in a summons case. In this case, the objectors appeared and showed cause but instead of taking evidence and deciding the case after following the procedure laid down for the trial of a summon ease, the Magistrate made a local inspection and held that the house in question was in a dangerous condition and was liable to be demolished. As pointed out by the learned Sessions Judge, a Court can make a local inspection Under Section 539 -B Code of Criminal Procedure only for the purpose of properly appreciating evidence produced in the case. It cannot be made so as to enable the Presiding Officer to decide the case on the basis of his personal knowledge. Since in this case the stage for producing evidence by the parties did not arise, there was absolutely no occasion for the Magisterial to make a local inspection Under Section 539 -B of the Code of Criminal Procedure. I agree with the learned Sessions Judge that the Magistrate disposed of the proceedings Under Section 133 Code of Criminal Procedure without complying with the provisions of Section 137 Code of Criminal Procedure.;