DHIRENDRA NATH DAS Vs. HRISHIKESH MUKHERJEE

JUDGEMENT

(1.) This is a reference to a F. B. made by a Bench of this Ct. in a matter arising out of proceedings Under Section 147, Cr. P. C.

(2.) The facts giving rise to these proceedings can be shortly stated as follows.

(3.) In Chandernagore there is a deity named Sri Sri Govinda Jiu popularly known as Gopalji Thakur. The present petnr. claims to be the shebait of the said deity and according to him the deity is a family deity. The opposite parties who were religiously minded Hindus of the Districts contend that Gopalji Thakur is a public deity and that the temple in which the deity is housed and the adjoining lands form a public debutter and that from time immemorial the Hindus of the locality used to worship the said deity in the temple and offer puja to it. The opposite parties alleged that the petnr. had in recent times attempted to obstruct the public in the worship of this deity by keeping the door of the temple closed and refusing would-be worshippers access thereto. As a result of this conduct on the part of the petnr. it is alleged that the feelings of the devout and religious Hindus had been inflamed and that there was a likelihood of a breach of the peace. The opposite parties applied to the Sub-Divisional Mag. of Chandernagore for an order Under Section 144, Cr. P. C. The learned Sub-Divisional Mag. after consideration of a police report and other materials before him eventually drew up proceedings Under Section 147, Cr. P. C. The petnr. had been called upon to show cause and it was after considering his representations that the learned Mag. made the order of 17-1-1950 drawing up proceedings under the said section.