JUDGMENT

H.N. Seth, J. - This is a reference by the Civil and Sessions Judge, Jaunpur, recommending that the order dated June 26, 1972, passed by the S. D. M. Jaunpur be set aside and the case be remanded to some other court for being decided in accordance with law.

2. Proceedings under section 147 Cr.P.C. were started on an application made by Sri Uma Shanker Misra who complained that Mahadeo and his friends had obstructed the way leading to a well from which the complainant and his family members used to draw water. By his order dated June 26, 1972, the Additional S. D. M. dropped the proceedings. He observed that there was no irrefutable evidence on the record to show that obstruction had been set up within three months of the date of the preliminary order made in this case and that he was also not satisfied that there was any apprehension of breach of peace. Against the order dropping the proceedings, Uma Shanker Misra and others went up in revision before the Civil and Sessions Judge, Jaunpur, who held that at an earlier stage also Mahadeo Misra and others had moved an application stating that there was no apprehension of breach of peace and that the proceedings be dropped. Tha