This reference under Section 438, Criminal Procedure Code by the Additional Sessions Judge, Manipur, relates to an intermediary order dated 19-7-1968 passed by the District Magistrate, Manipur, at the instance of Kakhangai Kabui and 14 others against whom an order under Section 144 (1), Criminal Procedure Code had been made by the Sub-divisional Magistrate, Imphal West, on a petition instituted by Smt. Apambi Kabuini.

2. Smt. Apambi Kabuini had complained that the members of the other party were threatening interference in her established possession over a piece of land in village Kakhulong and so she prayed that they be restrained from embarking upon such a course. The Sub-divisional Magistrate passed an order under Section 144(1), Criminal Procedure Code on 12th July 1968 in the manner prayed for. Aggrieved by that order Kakhangai Kabui and others moved an application on 19-7-1968 before the District Magistrate, Manipur, under sub-section (4) of Section 144, Criminal Procedure Code for rescission thereof. On the same date the district Magistrate passed the following order after hearing only the petitioners before him :

"Presented to-day the 19th July 1968. Heard the petitione