D SRINIVASIAH Vs. GOVERNMENT OF MYSORE

JUDGEMENT

(1.) This is a revision petition against the judgment in criminal Appeal No. 233 of 50-51 on the file of the Sessions Judge, Bangalore, confirming the conviction and sentence passed by the City Magistrate, Bangalore, in C.C. No. 1672/50-51 under Section 188, I. P. C. and sentencing the petitioners-accused to undergo simple imprisonment, for 7 days.

(2.) The case against the petitioners is that the District Magistrate, Bangalore, issued a prohibitory order under Section 144, Cr. P. C., on 3-10-1950 prohibiting the assemblages and processions of more than 6 persons and all demonstrations shouting of slogans etc., for a period of 15 days within the limits of the City of Bangalore Municipal Corporation, and that the petitioners went in a procession defying the prohibitory order and as such the Police arrested the petitioners and placed a charge sheet for an offence under Section 188, I. P. C.

(3.) The learned Magistrate convicted the accused petitioners and the conviction has been upheld in appeal by the learned Sessions Judge. According to the learned Sessions Judge, the evidence clearly shows that the disobedience, though it did not cause any annoyance or obstruction was actually tending to cause such obstruction or annoyance as has been referred to in the section. He does not state what that evidence is or to whom there was obstruction or annoyance. The learned Magistrate no doubt says that there was likelihood of trouble, that the District Magistrate passed an order on 3-10-1950 to prevent breach of peace and that about 200 persons including the petitioner accused went in a procession shouting slogans in defiance of that order for a distance of 3/4 this of a furlong before they were arrested. From this he concluded: