NALLURI SUBBAIAH Vs. NALLURI RAGHAVALU

JUDGEMENT

(1.) THIS application is thoroughly misconceived. The petitioner himself filed an. application before the Stationary Sub -Magistrate, Ongole, for an order under Section 144 of the Code of Criminal Procedure, basing it on an alleged right in him to perform a certain festival. The Magistrate considered that the petitioner had not shown any bona fide right on his part and therefore rejected his application After he had disposed of that application, he directed a copy of his order to be sent to the Circle Inspector of Police who was requested to institute proceedings under Section 107 of the Code of Criminal Procedure against the petitioner, if he intended to exercise the right which was claimed by him.

(2.) WE do not understand how we can interfere at this stage under Article 226 of the Constitution. If and when proceedings under Section 107 of the Code of Criminal Procedure are instituted against the petitioner, he will have the right to defend himself, and if, as the learned counsel for the petitioner says, he has clear authority for the position that Section 107 would, not be applicable to the case, then he might be successful in the proceedings. We certainly cannot be called upon to exercise our jurisdiction under Article 226 of the Constitution simply on an executive direction by the Stationary Sub -Magistrate to the police to take a particular action under Section 107, Criminal Procedure Code. The order of the Magistrate does not certainly purport to decide finally the right of the petitioner. That will be a matter to be ultimately decided by a civil court. The application is dismissed with costs. Advocate's fee is Rs. 50/ - (fifty) Application dismissed