( 1 ) THESE are two references under Section 438 Cr. P. C. which have been registered as Nos. 90 and 91 of 1959, by the Additional District Magistrate of Jalaun with the recommendation that final orders passed, by the Tahsildar Magistrate, Kal-pi, in two separate proceedings under section 133 Cr. P. C. against Kishori Lal and Ram Singh, respectively, be set aside and the magistrate directed to proceed afresh according to law.

( 2 ) THE District Engineer (P. W. D.), Orai, submitted reports for taking proceedings under Section 133 Cr. P. C. against Kishori Lal and Ram Singh for having made encroachments on a public way. These reports were taken cognizance of by the Sub-Divisional Magistrate, Kalpi, and in both he ordered that a notice be issued to the opposite party requiring him to remove the encroachment within 15 days or to appear before the Tahsildar-Magistrate Second Class, Kalpi, on the date specified in the order. Kishori Lal put in his appearance on 1-10-1958. and filed a written statement denying the existence of a public right of way over land on which the alleged constructions stood. His case, in brief, is that the alleged constructions were old and did no