Kanhaiya Singh, J.

1. This is a reference by the Additional Judicial Commissioner, Ranchi, under Section 438 of the Code of Criminal Procedure for quashing the orders of the Magistrate dated 22-9-1955 and 20-12-1955, substantially on the ground that they were made in violation of the provisions of Sec.139A of the Code.

2. The facts have been correctly stated by the learned Additional Judicial Commissioner in his reference, and they may be briefly recapitulated here. On the report of the police choukidar alleging obstruction by the petitioner, Darsan Ram, on a public path forming part of plot No. 1476 in village Khatanga within the Bero police station, the Sub-Inspector of Police moved the Sub-Divisional Magistrate for action against the petitioner and also Doman Ram and Raman Ram. On 14-3-1955 the Sub-Divisional Magistrate passed an order, which is prima facie vague, directing the local police to remove the encroachment from the path or to show cause against the order on 5-4-1955.

The petitioner, Darsan Ram, appeared on that date and filed a petition denying the existence of any public path as alleged. Thereupon, the Sub-Divisional Magistrate called upon the first party, th