STATE Vs. HARISHANKAR CHATURBHUJ

JUDGEMENT

(1.) THIS is an appeal preferred on behalf of the State against an order of acquittal passed by the learned City Magistrate, Lashkar.

(2.) THE material facts are as follows: On 9. 8. 1950 the District Magistrate Gird Gwalior made an order under Section 7 (i) of the Maintenance of Public Order Act prohibiting all persons, among other things from taking out or participating in any procession, making speeches or shouting any political or party slogans within a certain area till 16. 8. 1950. This order was proclaimed by loud speakers and other means. On 16. 8. 1950, this order was renewed and extended to 31. 8. 1950. The three respondents Harishankar, Ravi Dutta and Bhikamehand were prosecuted for contravention of this order and they were alleged to have taken out a procession and held a meeting within the prohibited area on 26. 8. 1950. The learned Magistrate has not recorded a clear finding on the question whether the order referred to above was actually contravened by any or all of the respondents named above. He however took the view that the Suba Gird was not clothed with the legal authority to make the order with the contravention of which the respondents were charged. In doing so, he followed the decision of a learned Judge of this Court in ? 'dr. D. S. Parchure v. State' Cri Revn No. 43 of 1950. In view of the conclusion arrived at by him as to the legality of the order whereof a contravention was said to have been committed, he acquitted the respondents.

(3.) THE sole question for consideration which therefore arises is whether the District Magistrate Gird Gwalior had the legal authority to make the order of 9. 8. 1950.