B. P. BERI, J.

( 1 ) THIS is an application under sections 439 and 561a of the Code of Criminal Procedure directed against the order of the Additional Munsiff-Magistrate No. 2, jodhpur dated the 25th of July, 1968 and upheld by the learned Sessions Judge, jodhpur by his order of the 15th March, 1969.

( 2 ) LALCHAND instituted a complaint against Girdharilal Mahajan, Administrator, municipal Council, Jodhpur, Ramchander Mathur, Commissioner, Municipal Council, jodhpur, Maghraj Agrawal, Health Officer, Municipal Council, Jodhpur, Laxman singh Panwar, Sanitary Inspector, Hansraj, Jama-dar and the Municipal Council, jodhpur, under Sections 268, 278 and 290 of the Indian Penal Code before the additional Munsiff-Magistrate No. 2, Jodhpur. The complainant alleged that he runs a shop in Manak Chowk, Jodhpur. On the other side of the road abutting his shop there is Moti Bais temple. The Municipal Council, Jodhpur gets refuse collected in front of the shop of the complainant and thereby obstructs more than half the road and renders the atmosphere noxious to the health of the public and the residents of the locality. The heaps so collected emit offensive odour to the annoyance of th