JUDGMENT

P.N. Bakshi, J. - This is a reference by the Sessions Judge, Saharanpur, dated 2nd July, 1971 for quashing the order of the SDM Saharanpur dated 24th May, 1971 in proceedings under section 133 Cr.P.C.

2. Nand Ram filed an application under section 133 Cr.P.C. alleging that Har Pal and others were causing obstruction in a public pathway which was in the enjoyment of the general public. On inquiry having been made, the learned Magistrate on a consideration of the re- port of Naib Tahsisdar passed a conditional order directing Harpal and others to remove the constructions within the period specified in the conditional order, or to show cause against the order on 4th May, 1971. On the said date Nand Ram put in appearance and requested for an adjournment to enable him to file a written statement. The case was adjourned to 24th May, 1971. On that date when the case was called out the parties appeared. Harpal and others applied again for adjournment of the case. The said adjournment was refused by the court. Counsel appearing on behalf of Harpal and others, therefore, under- took to file an objection. No objection was, however, filed on their behalf. The case was repeatedly called