K. L. BAPNA, J.

( 1 ) THIS is a reference by the learned Additional Sessions Judge, Baran, dated 3-21956, and arises in the following circumstances: on 20-7-1955, an application for taking proceedings under Section 133 Cr. P. C. signed by several residents of Shahabad ward, Baran, was presented in the Court of the Sub-Divisional Magistrate, Baran, alleging that the working of the flour mill of Ram Charan was making considerable noise and the vibrations were damaging to the neighbouring buildings, and that its working caused physical discomfort, while the smoke of the engine affected the health of the public. The Sub-Divisional magistrate sent the application to the Police Station, Baran, for report. The police supported the applicants, whereupon the Sub-Divisional Magistrate made a conditional order under Section 133 Cr. P. C. on 22nd July, 1955, directing Ramcharan to remove the flour mill or if he objected so to do, to appear before him on 16th August, 1955, to show cause against the order. On 16th August, 1955, Ramcharan appeared, and wanted time which was granted to him till 30th August, 1955. On that day the Sub-Divisional Magistrate transferred the case to the Court