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Judgment
Spencer, J.—The Magistrate has not proceeded to enquire into this case of public nuisance in the manner provided by Section 137 of the Code of Criminal Procedure. On the appearance of the person showing cause against the order, the Magistrate should proceed to take evidence in support of the order before the counter-petitioner is called upon to produce his evidence to meet it see Hingu v. Emperor 31 A. D 453 : 10 CrI. L. J. 297. and Doraiswamy Mudaliar v. Sudarsana Chariar 27 Ind. Cas. 767 . In this case at the enquiry none but the defence witnesses were examined. The order does not satisfy the requirements of the section. I set it aside and refer the matter back to the Magistrate to proceed according to law.