JUDGMENT Ghose, J. - No one appears to show cause against this Rule, but the District Magistrate has submitted an explanation which I have considered. I have also considered the judgment of the Magistrate who tried the case; and it seems to me that, having regard to the fact that the encroachment said to have been made upon the public thoroughfare having been made by the erection of the hut which the accused rented, he, the accused, could not be held guilty of the offence under sec. 283, I. P. C., for, the act which, as it is stated by the Magistrate, caused the obstruction was the erection of the but, and not the act of the accused in exposing his goods for sale in the said hut. The rule will accordingly be made absolute so as to set aside the conviction and sentence and to refund the fine if it has been paid.