ORDER

1. Leave granted.

2. Respondent 1 along with another person filed a petition under Section 133 of the Code of Criminal Procedure against the appellant alleging that he was blasting the rocks in an area on a large scale thereby causing nuisance to the respondents and others. The petition was filed on 21-1-1986. The Sub-Divisional Magistrate summoned the appellant to appear before him by an order dated 27-2-1986. Since the Sub-Divisional Magistrate proceeded with the enquiry without drawing up a preliminary order, the appellant approached the High Court challenging the proceedings initiated by the learned SDM without drawing up a preliminary order. It was directed by the High Court that the objection raised by the appellant be considered and disposed of by the Sub-Divisional Magistrate.

3. It, however, appears that in spite of the observations of the High Court, the Sub-Divisional Magistrate did not draw up the preliminary order and proceeded with the enquiry in the case. During the pendency of the proceedings, a Commissioner came to be appointed, by the consent of the parties, to submit a fact-finding report. On 11-11-1987 when the matter came up before the Sub-Divisional Magi