1. The record of this case has been forwarded to this Court by the learned Additional Sessions Judge, Rohtak, with a recommendation that the order of the learned Sub-Divisional Magistrate, Rewari, dated 6th of March, 1959, be set aside and the learned Magistrate be directed to try the case according to law afresh.

2. Ch. Ram Sarup has appeared before me in support of the reference and Mr. V. P. Prashar has opposed the recommendation. On a perusal of the record I find that Shri Manohar Lal had made an application under section 133, Code of Criminal Procedure, against Sukh Ram Singh, Sarpanch of village Gangaicha Ahir, to which he complainant also belongs. The allegations contained in the application are that Sukh Ram Singh had made an unlawful obstruction on a public thoroughfare by constructing a chabutra and this had narrowed down the thoroughfare. After recording preliminary evidence, the learned Magistrate issued a conditional order in pursuance of which Sukh Ram Singh Sarpanch submitted a written statement denying he unlawful obstruction as well as the existence of any public right in respect of the thoroughfare in question. The respondent, according to the learned Magi