Section 137(1) in The Code of Criminal Procedure, 1973
(1)Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river channel, or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter.
