SHARMA, J.—This is a reference by the Sessions Judge, Jaipur District in a case under sec. 133 of the Criminal Procedure Code recommending that the order of the Sub-Divisional Magistrate, Amber dated 4th April, 1952, be set aside and the Magistrate be ordered to proceed afresh under sec. 139A of the Criminal Procedure Code.

2. I have heard Mr. R. C. Sharma on behalf of Thakur Kalyan Singh, to be referred to as the applicant, and have gone through the record of the case. Under sec. 133, Criminal Procedure Code. "Whenever a District Magistrate, a Sub Divisional Magistrate or a Magistrate of the first class considers on receiving a police report or other information and on taking such evidence as he thinks fit, that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public, or from any public place.........such Magistrate may take a conditional order requiring the person causing such obstruction or nuisance.........within a time to be fixed in the order, to remove such obstruction or nuisance......". After this order has been made for the purpose of preventing obstruction, nuisance or danger to the public in the

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