S.D. Singh, J. - (1.) THIS is an application in revision against an order passed by the SDM, Derapur, district Kanpur, on 7 -12 -1964, under some provision of the Code of Criminal Procedure which has not been indicated in the order itself.
(2.) THE Magistrate passed an order Under Section 113(1) of the Code of Criminal Procedure on 19 -10 -1964, on the basis of the police report which was before him 6 -11 -1964 was fixed in the case to enable the present Applicants either to remove the unauthorised encroachments within the time fixed in the order or to appear before the SDM to show cause why the said encroachments might not be got removed through police. The Applicants appeared in the court on 6 -11 -1964, but the Magistrate was on leave on that date. On the next day, i.e., 17 -11 -1964 they filed their objection and 6 -12 -1964 was then fixed for evidence. But 6 -12 -1964 was Sunday, and the case was, therefore, taken up by the Magistrate on 7th December, but at some place outside his headquarter, and as the present Applicants were absent, an exparte order was passed against them requiring them to remove the encroachments within 15 days and directing the police to remove them if they were not so removed within the time allowed. The Applicants went up in revision to the Additional District Magistrate (J). Their application having been dismissed by him, they have come in revision to this Court.
(3.) HAVING gone through the record and heard the parties, I find this to be a case, in which the Additional District Magistrate, Kanpur, should have made a reference to this Court even on just a cursory look at the facts of the case.;