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Judgment
3 paragraphs · 110 wordsPigot and O''Kinealy, JJ.—We think the Magistrate is right in the reference made; and direct that the order be set aside.
We do so on the ground that, in this case, a bond fide question seems to exist, as to whether there ever was a public road in the place in question. When such a question arises it is one for the Civil Courts, as the case of Basaruddin Bhuia v. Bahar Ali ILR Cal. 8 decides.
The enquiry contemplated by those sections of the Criminal Procedure Code is an enquiry into the existence or non-existence of the obstruction complained of-not an enquiry into disputed questions of title.