STATE Vs. MOTILAL

JUDGEMENT

(1.) This is an appeal preferred by the State against an order passed by the Magistrate, First Class, Jhabua acquitting the respondent Motilal Bhandari who was tried for contravention of an order passed by the District Magistrate, Jhabua, under S. 3(1)(b) of the Maintenance of Public Order Act (Madhya Bharat) No. 7 of 1949, which is an offence punishable under Sub-s. (7) of S. 3 of the same Act.

(2.) The material facts are as follows : On 8-4-1950, the District Magistrate of Jhabua, passed the following order against the respondent, Motilal Bhandari :

(3.) It was contended by the learned Advocate-General, who appeared on behalf of the State that the view of law taken by the learned Magistrate in the Court below though it finds support in the decision of Bhargava, J., in M.M. BASHIR V/s. STATE , 1950 AIR(All) 528, is erroneous. He argued that the matter was concluded by the observations of Patanjali Sastri, J., in RAM SINGH V/s. THE STATE OF DELHI , 1951 AIR(SC) 270. Reference was made to the following observations which are found at p. 274 of the report :