KOTHAKOTA PAPAYYA Vs. STATE

JUDGEMENT

(1.) This revision is directed against the convictions and sentences passed by the learned Judicial 1st Class Magistrate, Rajam in C.C. No. 81 of 1973 on the file of his Court. The petitioners are the eight accused in the case. They have been convicted under section 188, Indian Penal Code, and each has been sentenced to pay a fine of Rs. 50 with a default sentence of one week simple imprisonment.

(2.) The case of the prosecution is that the Taluk Magistrate, Cheepurupalli, passed an ex parte order under section 144 (a), Criminal Procedure Code on 4th August, 1970. restraining the eight petitioners from interfering with the possession and enjoyment of certain lands said to be in the possession of one Boddepalli Ramulu, who filed a petition under section 144, Criminal Procedure Code in M.G. No.11 of 1970 a.nd that the petitioners disobeyed the order in the morning of 8th September, 1970. The plea of the revision petitioners was that the Magistrate who passed the order under section 144, Criminal Procedure Code, had no jurisdiction to pass it and that at any rate they were also continuing to be in possession of the land mentioned in the order and further that they did not have any knowledge of the order until they were actually prosecuted in the Court, for the alleged disobedience of the order.

(3.) In support of its case, the prosecution has examined four witnesses and filed Exhibits P-1 to P-4. The petitioners did not examine any witnesses on their behalf. On a consideration of the evidence, the learned Judicial 1st Class Magistrate held against the petitioners and accordingly convicted and sentenced them as stated above.