D S JOSEPH Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned AGA.

(2.) The applicant is a Christian by birth. He claims to be taking part in the "Prarthna Sabha" that is conducted in the premises of the Mount Carmel School, Mission Compound, Mirzapur. This Criminal Revision has been filed for challenging an order passed by the City Magistrate, Mirzapur, dated 19-8-2004 under Section 144, Cr.P.C. By this order, the City Magistrate has, inter alia, restrained the assembly of five or more persons and the conduct of any meeting by them or raising of any objectionable poster or banner in between the Mission Compound to Mount Carmel School in the Ramai Patti Tiaraha of the Kotwali Shahar, Mirzapur. After hearing orders were reserved on the applicant's petition on 3-9-2004 by another bench. However, unfortunately on 10-9-2004 that bench released this case and directed it to be listed before another bench. Thereafter, it was placed before Hon'ble the Acting Chief Justice, who vide his order dated 14-9-2004 directed this case to be laid before me.

(3.) I would have been inclined to give a very short time to the learned AGA to file a counter affidavit in this case, but the difficulty is that the impugned order comes to an end on 18-9-2004 and this petition suffers the danger of becoming infructuous. In this view of the matter, the better course would be to remand this case to the learned City Magistrate, Mirzapur, for considering whether it would be appropriate to withdraw or to modify his earlier order under Section 144, Cr.P.C. in the light of the observations made by this Court hereinafter.