BABULAL PARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The powers under section 144, Criminal Procedure Code though appear wide, it can be exercised only in an emergency and for the purpose of preventing, obstruction, annoyance or injury to any person lawfully employed, or damage to human life, health safety or the disturbance of public tranquility or riot or an affray. These factors condition the exercise of the power and therefore it would be wrong to regard that power as being unlimited or untrammelled.

(2.) Since the judgment has to be of a magistrate as to whether in the particular circumstances of a case an order, in exercise of these powers should be made or not, it can be assumed that the powers will be exercised legitimately and honestly. The section cannot be struck down on the ground that the magistrate may possibly abuse his powers.

(3.) The provisions of the sec. 144 which commit the power in this regard to a Magistrate cannot be regarded as unreasonable. Further since the propriety of the order is open to challenge, it cannot be said that by reason of the wide amplitude of the power which sec. 144 confers on certain magistrates it places unreasonable restriction on certain fundamental rights.