1. This is a reference under Section 438 of the Criminal Procedure Code by the learned Sessions Judge of Jullundur, recommending that the conviction of the petitioner Parshan Lal under Section 34 of the Police Act, for which he has been sentenced to pay Rs. 20/- as fine, or in default to undergo simple imprisonment for two days be set aside.

2. The petitioner was prosecuted for parking two bicycles in front of his shop on the G. T. Road opposite the District Courts, Jullundur City. The learned Sessions Judge has found that there is no evidence to prove that the petitioner by parking the bicycles outside his shop on the G. T. Road had caused any inconvenience or annoyance to the public. I have perused the record and agree with this finding,

3. Section 34 of the Police Act, 1861, punishes several acts of nuisance or obstruction committed on a road, street, thoroughfare or open place. The petitioners conviction has been recorded under clause third of that Section, which reads as follows :-

"Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this Section shall be specially extended by the State Government commits an