ORDER

M.H. Beg, J. - This is a criminal reference made by an Additional District Magistrate of Etawah after hearing an application in revision u/s 435, Criminal Procedure Code, preferred by six residents of village Lohia Bahadurpur, against the order of the Sub Divisional Magistrate, Etawah directing them to remove a wall constructed by them, passed u/s 133, Criminal Procedure Code, on 17 7. 1964:, which was confirmed on 30 10. 1964. The learned Additional District Magistrate came to the conclusion that, although the order directing removal of obstruction from a public path in village Lohia Kalan, was justified on merits, yet the procedure adopted in passing that order suffer from such grave irregularities that the order must be set aside. In. hi recommendation to this Court, the learned Additional District Magistrate has pointed out the following irregularities: firstly, the learned Additional District Magistrate thought that the mandatory provisions of Section 139-A, Criminal Procedure Code, had been overlooked inasmuch as the Sub Divisional Magistrate had not passed any order recording a finding that the public path existed at all; and, secondly, the learned Additional District M