Chellappa vs Murukaser – clr volume 3 page 073

In CHELLAPPA v. MURUKASER, the court considered whether a police magistrate, acting under section 115 of the Criminal Procedure Code, may adjudicate questions of title when faced with alleged public nuisance arising from obstruction to a public footway. The dispute centered on land fenced off by recent purchasers, which formed the subject of a police order mandating removal of the obstruction. It was determined that a police magistrate’s powers are restricted to addressing public obstruction where there is no dispute as to public right of way, and that issues of property title fall outside such summary criminal jurisdiction. This holding reaffirmed the principle that questions of title are reserved for civil courts, drawing upon comparative legal authorities and the proper construction of