1. This writ petition has come up before us upon a reference made by a learned single Judge of this Court.

2. Under S.53 of the U. P. Panchayat Raj Act (hereinafter referred to as the Act), each of the petitioners was ordered by the Nyaya Panchavat of village Khewali, district Varanasi, to execute a personal bond in the sum of Rs. 50 with one surety of like amount for keeping the peace for a period of fifteen days. The order of the Nyaya Panchayat provided that in case of default in executing the required bond a penalty of Rs. 5 per day shall be imposed on each defaulting petitioner. Against that order the petitioners filed an application in revision under S.89 of the Act before the Sub-Divisional Magistrate Varanasi (S) who dismissed It on the ground that no revision lay. The view that the Magistrate took was that an order under S.53 is not an order in a "criminal cas