Harries, C. J. :- These are two connected revisions which can be disposed of by this judgment.

2. Criminal Revision No. 425 of 1950 is a petition for revision of an order directing the prosecution of the petitioner under s. 188, Penal Code, for breach of an order made by the Sub-Divisional Officer of Uluberia under S. 144, Criminal P. C.

3. Criminal Revision 493 of 1950 is a petition for revision of an order directing the prosecution of the petitioner and three others on a charge of theft.

4. It appears that in the year 1940, the petitioner and his brothers leased from the Burdwan Raj the right to remove sand from sand banks in the Rupnarayan River. This lease gave them a right to remove sand at three points within the area of Police Station Daspur in the district of Midnapore. The lease was originally for three years, but has been renewed from time to time.

5.It seems that one Nalini Mohan Biswas leased the right to take sand from the Rupnarayan River (from?) the Collector of Howrah and in June of 1949, the petitioner applied to a Magistrate in the Midnapore district for an order under s.144, Criminal P. C.,restraining Biswas from taking sand from these areas in the Rupnaraya