JUDGMENT

Din Mohammad, J. - A case under Section 133, Criminal P.C., was pending in the Court of the Magistrate, First Class, Batala, and during the pendency of that case the Magistrate passed an order under Section 142, Criminal P.C., in the following terms:

All the four entrances, at present closed, on the four sides of the Reti Chhalla, be opened and left for public use without let or hindrance of any description whatsoever, the entrances on the north and west, being temporarily closed by means of wire and stakes, to be opened to-day, by the removal of the wire, and the stakes to be removed within seven days; the entrances on the south and east being closed by means of bricks are to be opened within seven days.

2. This order appears to have been necessitated by an apprehension of the breach of peace on account of the obstruction caused by the persons proceeded against in a public way. Mirza Mohammad Ashraf, Nazim Jaidad Sadr Anjuman Alimadia, Gadian, presented a petition to the Sessions Judge, Gurdaspur, objecting to the legality of this order. The petition was, under the orders of this Court, transferred to the Court of Session at Amritsar, and the Sessions Judge, agreeing with th