( 1 ) THIS Reference under Section 438, Cr. P. C. by the Sessions Judge of Oral illustrates the danger, of technical legalism perpetuating an injustice, in the instant case allowing a rank trespasser to make wrongful gain at the expense of the users of a State highway. Normally I would have disposed of it in a few lines, but since, despite the dictum of Bose, J. in State of U. P. v. Mohd. Nooh, AIR 1958 SC 86 that :

"justice should be administered in our Courts in a common sense liberal way and should be broad-based on human values rather than on narrow and restricted considerations hedged round with hairsplitting technicalities,"

this Court is coming across an increasing number of References which rest on pure technicalities unrelated to the equities of the cases, I think it desirable to consider the present reference in some detail so as to exlpain the principles which subordinate Courts should follow in dealing with cases under Ch. XXXII of the Code.

( 2 ) THE facts as recited in the Sessions Judges Order of Reference are these: The P. W. D. District engineer made a report to the Magistrate that one Gulab Singh had made an encroachment to the extent of nine feet by