This is a reference by the learned Additional Sessions Judge. Tripura, recommending that the order of the learned Magistrate First Class, Sonapura, dated 23-10-62, be set aside.

2. The facts out of which this reference arises are briefly as follows :

On the prayer of Rasaraj Sil (First party) a proceeding under S. 133, Criminal P.C. was started against Jafar Ali, Dinu Mia and Mahendra Chandra Tripura (Second party). The petition was filed on 1-9-61 and on 23-9-61 the learned Magistrate passed an order under S. 133, Criminal P.C. promulgating a conditional order and asking the second party members to remove the obstruction from the way within 15 days from the date of the receipt of the order or if they object to do so for moving the Court for setting aside or amending the order. It appears from the record that the two 2nd party members duly entered appearance and the learned Magistrate in accordance with the provisions of S. 139(a)(1) questioned them whether they denied the existence of the public right and the two 2nd party members denied the right and the 3rd member Mahendra Chandra Tripura remained absent. It appears that on 6-12-61 the 2nd party members filed a written statem