Sen, J.

[1] This is a Reference by the Sessions Judge of Burdwan, recommending that the order of conviction and aentenca passed on one Darbarilal Shaw for having committed an offence punishable under Section 188, Penal Code, be set aside on the grounds stated in the Letter of Reference, The facts briefly are as follows :

[2] On 12th January 1948, a report was submitted by the Khasmahal Tahsildar that Darbarilal Bhaw was making additions and alterations in an old building in such a way as to encroach upon the Khasmahal lands on the Grand Trunk Road to the extent of 6 inches in breadth. Upon this report being made to the Sub-Divisional Magistrate, he sent it for disposal to another Magistrate Sri. J.K. Ghose who drew up proceedings according to the provisions of Section 144, Criminal P.C. On 9th February 1948, another report was submitted by the Khasmahal Tahaildar that the order Under Section 144, Criminal P.C. was being disobeyed. Upon this a complaint was made by the Magistrate Sri J.K. Ghose charging Darbarilal Shaw and another with having committed an offence punishable Under Section 188, Penal Code. The matter was heard by Sri S.C. Banerjee, Magistrate, 1st class, Asanso