JUDGMENT 1. - This miscellaneous petition is directed against the order dated 16-8-1993, passed by the Sub-Divisional Magistrate, Sirohi, by which the learned Sub-Divisional Magistrate ordered for registration of the complaint and directed the issuance of the notices. 2. It is contended by the learned counsel for the petitioners that the learned Sub-Divisional Magistrate without passing any conditional order, as is required to be passed under Section 133 Cr.I'.C., ordered for issuance of the notices. The order dated 16-8-1993, passed by the learned Sub-Divisional Magistrate, therefore, deserves to be quashed and set-aside as it has been passed in contravention of the provisions of Section 133 Cr.P.C. The learned Public Prosecutors do not dispute this fact that the notices have been issued by the learned Sub-Divisional Magistrate without passing any conditional order as is required to be passed under Section 133 Cr.P.C. 3. Under Section 133 Cr.P.C. whenever an Executive Magistrate after receiving the report of the Police Officer, or other information or on taking such evidence, as he thinks fit, considered it necessary to initiate the proceedings under Section 133 Cr.P.C. then it is necessary for the learned Magistrate to make a conditional order requiring the person causing obstruction or nuisance to remove such obstruction or nuisance and if he objects so to do, to appear before the Court on a fix date and could show the cause why the order should not be made absolute. Passing of conditional order is a must to initiate the proceedings under Section 133 Cr.P.C. As the learned Sub-Divisional Magistrate, Sirohi, while issuing the notice on 16-8-1993, did not passed any conditional order and merely ordered for issuance of the notices, the order dated 16-8-1993, and all the proceedings initiated thereafter, therefore, deserve to be quashed and set-aside. 4. In the result, the miscellaneous petition, filed by the petitioners, is allowed. The order dated 16-8-1993, passed by the learned Sub-Divisional Magistrate, Sirohi, as well as the subsequent orders and the proceedings under Section 133 Cr.P.C. initiated against the petitioners in pursuance to the order dated 16-8-1993, are quashed.Petition allowed. *******