S.N.Guha, J. - (1.) This Rule is directed against an order passed by the Sub-divisional Magistrate of Serampur in a proceeding under Section 133 of the Cr. P. C.
(2.) It appears that on behalf of the Eastern Railway a letter was written to the Sub-divisional Officer on 11-12-1956, by the Divisional Superintendent, Howrah. In this letter he invites a reference to certain other letters mentioned at the top and asks him to direct the owners Mrs. Sailabala Debi of Panchanantala Baidyabati and M/s. Surendra Nath Chatterjee and Bros., Panchanantola Biadyabatim to dismantle the walls immediately so as to ensure safety to running trains, the allegation being that these walls are in an extremely dilapidated condition and may collapse at any time causing danger to running trains. On the record I find with this letter a copy of memorandum, dated 15-11-1956, from the Assistant Engineer, No. 2, to M/s. Surendra Nath Chatterjee and Bros., Panchanontola, Baidyabati, Howrah, and it runs as follows: "The front Hall of your building alongside the down slow line between Baidyabati and Sheoraphully at mile 14/4 is in extremely dilapidated condition and leaning towards the track by about l'-3". The wall is about 20' high and is 14'-6" away from the centre of the down slow line. It is apprehended that the wall which is already heavily cracked may collapse at any moment and may cause changer to running train. You are, therefore, requested to dismantle this wall immediately so that safety to running trains can be assured". Copies of this Memorandum appear to have been sent to the Sub-divisional Officer, Serampur, and the District Magistrate, Hooghly, for information and for asking the above party to dismantle the wall immediately in the interest of public safety.
(3.) There is also on the record another letter, dated 24-11-1956, from Assistant Engineer No. 2, E. Railway, to Mrs. Sailabala Debi which is almost in the same terms as the earlier memorandum to M/s. Surendra Nath Chatterjee and Bros. Copies of this letter were also sent to the Sub-divisional Officer, Serampur and the District Magistrate, Hooghly.;