JUDGMENT

Tudball, J. - This case has been referred to this Court by the District Magistrate of Jhansi. The facts are simple on the evidence and as found by the Magistrate. The accused persons are certain Municipal servants who illegally and without justification seized and impounded cattle belonging to the complainant. A complaint was made before a Joint Magistrate u/s 22 of the Cattle Trespass Act, and it was transferred by him to the Court of the Third Glass Magistrate for decision. The Magistrate found the accused guilty and directed them to pay Rs. 10 as compensation to the complainant u/s 22 of the Act. The District Magistrate admits in his order of reference that the case is trivial, but is of opinion that the lower Courts order was illegal and irregular, because the accused persons were servants of the Municipality and quite within their rights in impounding cattle damaging Municipal trees, and that the Court ought to have acted u/s 326 (1) of the Municipalities Act. The District Magistrate at the end of his reference expresses what to me is an astounding opinion. He says: the lower Court may or may not believe the evidence, but I think it is exercising a very unwise discreti