B.D. SINGH J.

This application under Sections 435 and 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) by the three petitioners is directed against an ORDER :dated the 19th March, 1969 passed by Sri B. N. Mahraj, Magistrate first class in a proceeding under Section 133 of the Code. In the said proceeding the petitioners were members of the second party whereas opposite party was the sole member of the first party.

2. In ORDER :to appreciate the points involved in this application it will be necessary to state briefly the facts. On a report of the Officer Incharge, Barh police Station a proceeding under Section 144 of the Code was drawn up by the Sub-divisional Magistrate on 12.6.1967 in respect of 53 decimals of land bearing plot no. 299 appertaining to khata no. 1320 situated in village Nathchawk. Opposite party had alleged that there was a ditch bearing plot no. 299 east of village Nathchawk in which the water of the whole village used to fall. By the side of the ditch there was a rasta for the whole village leading to east. South of the ditch there was the field of Sarwan Kumar Sharma petitioner no. 1 who was obstructing the water passase going