Sheo Saran Lal vs Lal Mohamad Lal and Faizulla Mian

This is a reference by the Sessions Judge of Patna asking us to Bet aside an order of the Sub-divisional Magistrate of Dinapore, dated the 21st of November 1906. The order of the Sub-divisional Magistrate was made under sec. 133, Cr. P.C, prohibiting the use of a burial ground by Mahomedans, and according to a petition of compromise presented by some of the second party he directed that another ground might be used for burial purposes. We do not see how the present case can come under sec. 133 of the Code. It is not a case of the removal of nuisance from a public place as has been contended for by the learned vakil for the first party. We agree with the learned Sessions Judge in the reasons given by him and we accordingly direct that the order of the Sub-divisional Magistrate of Dinapore, dated the 21st November last, be set aside.